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 Home Affairs, 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 Home Affairs and also on the case officer that is processing your application. 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 depends on the category of the visa you have applied for.
Once your application is lodged with the Australian Department of Home Affairs 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 possible 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 https://www.mara.gov.au
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.
In normal circumstances all our 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 Home Affairs. For the time spent in bringing your application to that stage we would expect to be paid for our professional 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 to refund any money 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.
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 Lawyer you can be assured that you will always be attended to by a competent and reliable registered migration agent.
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 and hassle 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.
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 lodgement fee you have to pay to the Australian Government. To ensure that the right type of migrants 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.
Recent changes to Australian immigration laws make it increasingly difficult for anyone who does not speak any English to migrate 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 one of the recognised English Language proficiency tests acceptable to the Australian Department of Immigration & Border Protection. The International English Language Testing System (IELTS) “General Training” test is one of the more commonly tests taken by most applicants. You can access the IELTS website here.
Certain categories of visa applications require you to obtain a minimum total amount of points you are required to score in your English Language test. Broadly speaking for a General Skilled Migration category of visa you are required to obtain at least 65 points to qualify for migration into Australia. If you are sponsored by an eligible Australian relative or Australian State or Territory Government, you may be eligible to score some bonus points of 5 points.
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 cultural richness and economy of the country.
The Australian Government encourages all permanent residents to apply for Australian citizenship as soon as they are eligible to do so. Under current Australian citizenship laws you may apply to become a citizen when you have accumulated a total of 4 years residence in Australia out of the last 4 years immediately before you submit your application of which one year in the 4 years must be as a permanent resident of Australia. You will also be required to sit and pass a citizenship test. We would also encourage you to apply for citizenship once you are eligible.
All permanent resident visas granted are 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 you will not be entitled to return to Australia as a permanent resident.
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 Case Officer processing your application that you are a bona fide permanent resident of Australia with ties to Australia.
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