Professional Accreditations

MIA LIV AALA

Ph: +613 9886 6802   Email: jamestan@immigrationlawyer.com.au
Address: 266 Hawthorn Road Vermont South VIC 3133 AUSTRALIA
Migration Agents Registration Numbers: 9686457, 0323184, 0745728, 1173628

FAQs

The following 14 Frequently Asked Questions (FAQs) and the answers were developed by JAMES TAN IMMIGRATION CONSULTANTS after careful analysis of inquiries received over the years and will assist you in finding the information or answer either in this website or in this section. This website has been designed in such a way that nearly all of your immigration concerns or questions can be answered or found by surfing this website.

Q 1. How long will the Australian Immigration Department take to approve my application?

A 1. This is a difficult question to answer. Whilst we will act as expeditiously as we possibly can to prepare and submit your application to the Australian Department of Immigration & Citizenship, the length of time it takes for your application to be processed and finalised will depend very much on the workload and backlog existing in the particular office of the Department of Immigration & Citizenship that your application was lodged. Another factor to be considered is how quick you are in responding to our requests for documents and information concerning your application.  Depending on the particular category of visa that is being applied for, the processing time may take from one day to one year or perhaps even longer.

Q 2. Can you guarantee that the Australian Department of Immigration & Citizenship will approve my application?

A 2. Once your application is lodged with the Australian Department of Immigration & Citizenship the matter is very much in the hands of the case officer processing your application. We will not accept your instructions to proceed with your application unless we are convinced that your application has a reasonable chance of being approved. We will endeavour to ensure that your application is presented in the best way we know how. However as much as we would like to provide you with a guarantee that your application will be approved, Clause 2.10 of the Migration Agents Code of Conduct strictly prohibits us from providing you that guarantee. If we do provide you with a guarantee that your application will be approved we will be in breach of the Code of Conduct and we will be subject to disciplinary action by the Migration Agents Registration Authority.  You can access a copy of the Code of Conduct by visiting the Migration Agents Registration Authority website at http://www.themara.com.au

Q 3. What are the likely reasons that an application might be refused?

A 3. There are various reasons why an application is refused least of all is the reason that your application does not meet one or more of the criteria or prerequisites required for the particular category of visa that you are applying for. Another reason could be that you or a member of your family does not meet health or medical requirements. Another reason could be you provided false or incorrect answer to one or more of the questions that you were required to answer. Another reason could be that you or a member of your family failed to meet Australian national security requirements. This list is not conclusive and there could be other reasons that could lead to refusal of your visa application.

Q 4. Can I get a refund of the fees paid to you if the Department of Immigration & Citizenship refuses my application?

A 4. In normal circumstances all registered migration agents would have done substantial amount of work in interviewing you to take your instructions, preparing your application and lodging your application with the appropriate overseas post or appropriate onshore office of the Department of Immigration & Citizenship. For the time spent in bringing your application to that stage he/she would expect to be paid for his/her time and services. If your application is refused due to a reason not attributed to the fault or negligence of the agent then it would not be reasonable for any refund to be paid to you, particularly if you had provided false answers to certain questions or if you suppressed a criminal background or if you fail your medical examination resulting in the refusal of your application. In such circumstances we regret we will not be refunding any money paid to you.

Q 5. Can any person assist me to apply to migrate to Australia?

A 5. No, not everyone is allowed to provide migration advice and assistance to enable you to migrate to Australia. A person must first attend a Migration Agents Course conducted by an approved education provider and pass a very stringent examination before he/she is eligible to apply for registration with the Migration Agents Registration Authority which regulates the registration of all migration agents in Australia. Furthermore it is mandatory for all registered migration agents to attend CPD seminars or lectures every year to improve or upgrade their competency and professional knowledge before their memberships can be renewed annually. Therefore you must ensure that you instruct a registered migration agent to assist you to apply to migrate to Australia. At James Tan Immigration Consultants you can be assured that you will always be attended to by a competent and reliable registered migration agent.

Q 6. Can I apply to migrate to Australia without the assistance of a migration agent?

A 6. Of course you can! However please bear in mind that Australian immigration laws and regulations change or are amended from time to time. If you are a very busy business person or professional and do not wish to be bothered with all the intricacies of submitting your application yourself, we would suggest that the fees you pay us to assist you to successfully migrate to Australia will be well worth the trouble of submitting the application yourself. Moreover, our experience in preparing your application will cut out a lot of red tape and time, which would be worth money to you in time saved.

Q 7. Why is it so expensive to migrate to Australia?

A 7. When you really come to think about it, the lifestyle and security you and your family will be able to experience and enjoy in Australia will far outweigh the cost in terms of fees you pay to us and in terms of the lodgment fee you have to pay to the Australian Government. To ensure that the right type of immigrants Australia allows into this country is not a cheap exercise. In return for your honesty and professional and business expertise, Australia offers you and your family in return a unique lifestyle second to none in the world.

Q 8. I do not speak English at all. What are my chances of migrating to Australia?

A 8. Recent changes to Australian immigration laws make it increasingly difficult for anyone who does not speak any English to immigrate to Australia. Except for refugees, certain sponsored migrants, and business migrants, nearly all other categories of visa applicants are required to know at least some basic English.
Our advice to any intending migrant who wishes to migrate to Australia is to make a conscious effort to learn how to read and write English. To have your ability in the English language assessed, you should select the most convenient office in your home country where you can sit for the International English Language Testing System (IELTS) “General Training” test. You can access the IELTS website here.

Q 9. Can you explain to me what the points test is?

A 9. Certain categories of visa applications require you to obtain a minimum total amount of points. Broadly speaking for a General Skilled Migration category of visa you are required to obtain at least 120 points to qualify for immigration into Australia.  If you are sponsored by an eligible Australian relative or Australian State or Territory Government, you must obtain at least 100 points to qualify for migration to Australia.

Q 10. Does Australia practise a discriminatory immigration policy?

A 10. No, Australia does not practise a discriminatory immigration policy. Anyone from any country can apply to immigrate to Australia, regardless of his/her ethnic origin, gender, colour or religion. The White Australia Policy was got rid of in the 1950s and since then there have been thousands of immigrants from all over the world arriving in Australia to make Australia their home. Today Australia is truly a multicultural country accepting immigrants from all corners of the world to contribute to the richness and well being of the country.

Q 11. When can I apply to be a citizen of Australia?

A 11. The Australian Government encourages all permanent residents to apply for citizenship as soon as they are eligible to apply. You may apply to become a citizen when you have accumulated a total of 4 years residence in Australia out of the last 5 years immediately before you submit your application. We would also encourage you to apply for citizenship once you are eligible.

Q 12. What is a Resident Return Visa?

A 12. As a permanent resident of Australia your visa is normally valid for an initial period of 5 years. If at any time you intend to depart from Australia and return after your visa expires you must first apply for the Resident Return Visa (RRV) before you leave Australia. Otherwise you would have lost your status as a permanent resident while you are overseas and will not be entitled to return to Australia as a permanent resident.

Q 13. What are the requirements for extending a permanent residence visa for another period of five years?

A 13. In order to be eligible to extend your permanent residence visa for another 5 years you are essentially applying for a RRV valid for 5 years. To qualify as of right for the RRV you must have been physically resident in Australia for a total of 2 years in the 5 years immediately before lodging your application. Otherwise you must show evidence to the satisfaction of the Immigration Officer processing your application that you are a bona fide permanent resident of Australia with ties to Australia.

Q 14. Any other questions?

A 14. If you still have an unanswered question please Contact Us here.

The information on this website is not legal advice. You should consult an Immigration Lawyer for advise specific to your situation. Liability is limited by a scheme approved by the Migration Institute of Australia professional standard liability scheme.