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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 [Bill] will facilitate the secure, automated and accountable exchange of identity information between the Commonwealth and state and territory governments, pursuant to the objectives of the Intergovernmental Agreement on Identity Matching Services (IGA), agreed by COAG in October 2017. The Bill will achieve this by providing explicit legal authority for the Department of Home Affairs ... to collect, use and disclose identification information'

'This Bill amends the Australian Passports Act 2005 ... to provide a legal basis for ensuring that the Minister is able to make Australian travel document data available for all the purposes of, and by the automated means intrinsic to, the identity-matching services to which the Commonwealth and the States and Territories agreed in the Intergovernmental Agreement on Identity Matching Services'

'[The Bill] makes consequential amendments to legislation administered by the Department of Social Services, the Department of Education and the Attorney-General’s Department, to give effect to Government policy that holders of provisional skilled regional visas, which come into effect on 16 November 2019, to have ...'