LegalVision also assists with personal visas. You may want to stay with a partner, come to study in Australia, want a family visa or even assistance with a review of a refused visa application. Here are some types of personal visas to be aware of:
- Prospective Marriage (Subclass 300) (offshore) Visa: This visa is for those who plan to marry an Australian or New Zealand citizen. You can apply for a prospective marriage visa, which allows you entry into Australia for up to nine months. During that period, you will need to finalise your marriage and apply for a Partner (Subclass 820/801) onshore visa.
- Partner (Subclass 820/801) (onshore) Visa: When you apply for a Partner visa, the Subclass 820 temporary visa is initially granted. You will be permitted to work, study, live, travel and obtain Medicare benefits. After two years, you will be granted the Subclass 801 permanent visa after meeting certain requirements. Generally, the couple must demonstrate they are involved in a genuine relationship. The Department will consider whether they are living together, sharing bank accounts and whether they are participating jointly in social activities).
- Partner (Subclass 309/100)(offshore) Visa: This operates like the Partner (Subclass 820/801) (onshore) visa, except that the applicant is outside Australia at the time of applying.
Parents with half their children living permanently in Australia may be eligible for a Parent visa either on a temporary or permanent basis, using one of these visas:
- Parent (Subclass 103) visa (offshore);
- Contributory Parent (Temporary) Visa (subclass 173) (offshore);
- Contributory Parent Visa (subclass 143) (onshore or offshore);
- Aged Parent Visa (subclass 804) (onshore);
- Contributory Aged Parent (Temporary) Visa (subclass 884) (onshore);
- Contributory Aged Parent Visa (subclass 864) (onshore).
Temporary Sponsored Parent Visa: This new visa will allow Australians to sponsor their parents to stay in Australia for up to five years at a time. It will come into effect once the Migration Amendment (Family Violence and Other Measures) Bill 2016 (the Bill) is passed through Parliament. The Bill is currently before the Senate. This visa is not yet available.
- Student (subclass 500) Visa: To be eligible, you need to have been accepted into an educational institution and enrolled in full-time study. You must be a genuine and temporary entrant and have proficient levels of English to study your course. You must have sufficient funds, appropriate health cover and pass health and character requirements.
- Temporary Graduate (Subclass 485) Visa: International students who have graduated from an Australian tertiary institution after two years of study and wish to remain in the country temporarily for further study or work, can apply for this visa.
- Student Guardian (subclass 590) Visa: This visa allows the guardian of an international student under the age of 18 to stay in Australia. To be eligible, you need to have been accepted into the educational institution and enrolled in full-time study. You must be a genuine and temporary entrant and have proficient levels of English to study your course. You must have sufficient funds, appropriate health cover and pass health and character requirements. Also, you cannot bring family members younger than six except under certain circumstances.
- Child (permanent)(Subclass 802/Subclass 101) Visas: Subclass 802 is for applicants in Australia and Subclass 101 is for applicants outside Australia. The child must be sponsored by their parent/s (Australian or New Zealand citizens). The child must be less than 18 years old or if a student between 18-25 years old, the child must be the biological or adopted or step-child of the sponsoring parent/s.
- Dependent Child Visa (Subclass 445): If the sponsoring parent is on a temporary partner visa and did not include their dependent child in their application, they can apply for a subclass 445 for the child.
- Adoption Visa (Permanent) (Subclass 102): A child must be adopted or in the process of being adopted by a sponsoring parent who is either an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen.
- Orphan Relative (Permanent) (Subclass 837/117): This visa permits a relative to sponsor an orphaned child to live in Australia permanently. Subclass 837 is when the child is in Australia. Subclass 117 is when the child is outside Australia. The orphaned child must be under the age of 18 and the sponsoring relative is either the brother, sister, grandparent, aunt, uncle or step-equivalent of the child (and is older than 18 years of age).
Other Family Visas
- Aged Dependent Relative (Subclass 114/838) Visa: This is a permanent visa for relatives an Australian Citizen, Permanent Resident or eligible New Zealand Citizen who are single and financially dependent on the sponsor. Subclass 114 is for applicants outside Australia and Subclass 838 is for applicants in Australia.
- Remaining Relative Visa (Subclass 115/835) Visa: A person whose only near relative resides permanently in Australia may apply for the Remaining Relative Visa. Subclass 115 is for applicants outside Australia and Subclass 835 is for applicants in Australia.
- Carer (Subclass 836/116) Visa: Australian Citizens and Permanent Residents with a medical condition or disability can sponsor relatives to live in Australia and care for them. The Sponsor’s medical condition will be assessed and their medical condition must be long-term and affects the daily aspects of their life. Subclass 836 is for applicants in Australia and Subclass 116 is for applicants outside Australia.
Resident Return and Visitor Visas
Resident Return (Subclass 155 and 157) Visa: Permanent residents are permitted to travel and return to Australia for up to five years from the date the visa was granted. After that, they must obtain a Resident Return Visa in order in order to continue travelling and securing entry into Australia.
Visitor Visas: There are a number of short to longer-term temporary visa options for tourists, business professionals and family members planning to visit or engage in short-term unskilled work in Australia:
- Electronic Travel Authority (Subclass 601);
- eVisitor (Subclass 651);
- Visitor (Subclass 600);
- Work and Holiday (Subclass 462); and
- Working Holiday (Subclass 417).
It can be an incredibly stressful and uncertain time when you face a cancellation or refusal of your visa.
If your visa application has been refused or your visa has been cancelled, you may be able to appeal the decision to the Administrative Appeals Tribunal (AAT). The AAT offers an impartial and non-adversarial approach to reviewing the Department of Home Affairs (DHA) decisions. An appeal gives you the opportunity to have another third party body review your case. You can have a migration agent represent you throughout the whole process.
If the AAT affirms the decision of the DHA it means the original decision on your application (cancellation or refusal) will be upheld. However, if the AAT disagrees with the DHA’s decision, they will remit the matter back to the DHA for further assessment.
If the decision is affirmed, you can appeal to the Federal Court of Australia. However, you can only do so if there is a legal error in the decision. Only lawyers can represent you and appear before the Federal Court of Australia.
LegalVision can help you apply for a review of your case, and with your case being appealed through the Administrative Appeals Tribunal.