Immigration

Immigration law and policy is constantly changing. It can be confusing to know which visa to apply for and how to maximise your chance of being granted a visa.

If you are looking to work, live, study, own a business in Australia, or to join family here, Hall Payne can help you navigate the often complex legal requirements for approval.

We help clients in Australia and internationally with:

  • your initial visa application;
  • overturning visa refusal decisions;
  • dealing with visa cancellations;
  • applying for ministerial intervention, and more.

We stay abreast of recent and proposed future changes in immigration law that could impact your visa application so we can give you the best possible chance to succeed.

We can expertly assist you in determining which visa to apply for, and support you at every stage of that application process.

We adhere to the Code of Conduct for registered migration agents and the Legal Practitioner Consumer Guide when dealing with your matter.

Can you help with my visa application?

Absolutely

We have experience working across a wide variety of visa sub-classes and can help you at any stage of your application, including if your initial application has been unsuccessful. Whether it’s a full visa preparation service you require, or assistance with one specific visa subclass related question, we can help.

We have assisted a wide range of clients seeking visas in the following areas:

  • Family (including Child and Parent);
  • Employer Sponsored;
  • Partner;
  • Prospective Marriage;
  • Working Holiday;
  • Student;
  • Skilled;
  • Visitor;
  • Business Investor;
  • Training;
  • Recent Graduates; and many more.

How do I know if I’m eligible for an Australian visa?

This is one of the most difficult questions for you to answer on your own, particularly as the Department of Home Affairs website provides only limited, basic information.

The best way to be confident that you meet the relevant eligibility requirements for any type of visa is to consult with a Registered Migration Agent. Hall Payne can work with you to address each stage of the application, including establishing your eligibility at the outset.

How long does it take to get an Australian visa?

Some visa processing times are shorter than others.   Many permanent visa subclasses are experiencing significant delays due to ongoing backlogs and high demand for visas in various subclasses. 

A complete and thoroughly prepared application takes time to assemble.  Care should be taken to ensure that it includes all evidence available prior to lodgement.  The sooner your application is submitted, the sooner you’ll hear back and be able to take the next step in your life.  That said, a thoroughly prepared application can’t be rushed, and it is imperative that your application is prepared providing correct/accurate information to avoid a refusal.

We can assist you to prepare a “complete” application which should result in faster processing times. 

If your application has been refused, there are many variables to determine how long an appeal will take. If your application has been refused, contact us immediately to discuss the specifics of your case as time limits apply.

I’m looking at investing within Australia? What are my options?

There are a number of investor/business based visas available depending on your level of past experience and overall financial position. These are complex and evidence based applications which take a lot of time and work to prepare properly.

Due to this complexity, we do not recommend you attempt these types of applications without professional assistance.

My employer wants to sponsor me to stay in Australia. What do I need to do?

There’s no quick answer for this. A number of factors will play a part in determining the type of visa you will need to continue working in Australia. This can include the type of employment you are being offered, where your work is located and what skill level is required for your work.

The number of variables here mean it will be very difficult to complete your application without professional help.  A Registered Migration Agent can guide both you and your employer through the process and help you both prepare your stages of the application process.

What does an Australian working holiday visa allow me to do?

Working holiday visas are exactly what you would expect them to be: a visa that allows you to come to Australia for an extended holiday, with short term work rights.

These visas are age restricted and require you to be travelling without any dependants. Your ability to work is restricted to 6 months for any one employer (with a recent relaxation for working in different regions for the same employer).

A number of industries in Australia rely on working holiday makers to cope with seasonal workloads, meaning there’s a lot of opportunity to come to Australia on this kind of visa. In short, we’d love to have you here.

Visas are not yet available to people from all countries but arrangements and agreements are continually being finalised. Consultation with one of Hall Payne’s migration team can help you with the process of applying, as well as understanding what you’re able to do once you’re here.

What do I need to do to live with my partner in Australia?

A partner is someone who you have committed to in a relationship for the long term. You could be de facto, married or have a civil registered relationship.  The assessment relates to the degree of commitment between couples, the length of the relationship and the evidence indicating you have combined your lives.

Unfortunately, it’s an invasive and expensive process to obtain a temporary partner visa so you need to make sure you get it right the first time. Seek some assistance to prepare it properly even if it’s only a Registered Migration Agent checking your application before you lodge it.

People who are intending to marry in Australia can apply for a preliminary visa known as Prospective Marriage visa which, when granted, allows them to travel to Australia and marry their partner within the validity of that visa.  They must also then apply under the Partner Visa subclass to enable them to remain in Australia.

I want to study in Australia. What visa do I need?

To study in Australia you will need to be accepted into a course registered for international students. After this, you will then need to apply for a visa and be able to satisfy the financial, English language, genuine entrant and genuine student criteria.

You will then be required to provide supporting evidence; exactly what, will depend on your country of origin and the current risk rating of your proposed education provider.

The genuine student and genuine temporary entrant considerations can trip people up when lodging this type of visa application. Advice from a Registered Migration Agent specialising in this area can help prepare you so you know what is likely to be taken in to account when a case officer assesses your application.

I came to Australia on a temporary visa but now want to stay. What are my options?

This will depend on your circumstances, as well as your future plans.

If you’re in this situation, talking to an adviser will mean you can explore what options might be available to you, and what the next steps are. Contact Hall Payne for an appointment with a Registered Migration Agent today.

What visa is available to bring my family to Australia?

Family can apply to visit you under one of the many temporary visitor/tourist visas available.

Family may also be able to join you permanently if they satisfy specific criteria, including your parents, your children and other dependants. This criteria changes depending on your situation, which means the process of applying for visas of this kind can be quite complex.

Hall Payne can assist you to drill down on the requirements of each visa and the evidence needed in order to be granted a visa under a specific subclass.

What can I do if my Australian visa application is refused?

If your visa application is refused, short time frames apply to make an application for review.

Reviews are lodged through the Administrative Appeals Tribunal, as well as through the Federal Court system, both in very specific circumstances.

As a general rule, if you applied for your visa while you were out of Australia, you won’t have rights to a review. That said, there are exceptions, and a Registered Migration Agent can help you navigate what can be a complex process.

If you’re considering reviewing a decision through the Federal Court system, you need to seek urgent advice from a lawyer who has experience in migration and administrative law to provide advice on your prospects of success.

Contact Hall Payne today to discuss your options.

I want to invest in Australia. Is there a visa option?

There are a number of investor/business based visas available depending on your level of past experience and overall financial position. These are complex and evidence based applications which take a lot of time and work to prepare properly.

Due to this complexity, we do not recommend you attempt these types of applications with professional assistance. Hall Payne can walk you through the process, and give you the guidance you need to prepare your application.


Our Immigration Team

Blog Posts - Immigration

New Skills in Demand visa proposed from late 2024

New Skills in Demand visa proposed from late 2024

One of the 8 keys actions forming part of Australia’s new Migration Strategy relates to a new visa category known as a Skills in Demand visa. The commitment to develop this new visa envisages its holders having full mobility in terms of their employment parameters and a clear pathway to permanent residence.

Read more

Strengthening Australian visa refusal and cancellation parameters

Strengthening Australian visa refusal and cancellation parameters

A new immigration Ministerial Direction (known as MI110) aimed at tightening the parameters for decision makers regarding what factors should be given weight when considering Australian visa refusals or cancellations came into effect from 21 June 2024.

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Increased protection for temporary migrant workers

Increased protection for temporary migrant workers

The Migration Amendment (Strengthening Employer Compliance) Act 2024 received royal assent on 20 February 2024 and commences from 1 July 2024. These changes are being introduced to try to curb temporary migrant worker exploitation and hold employers who conduct themselves this way accountable.

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Direct Pathway for New Zealand Citizens Applying for Australian Citizenship

Direct Pathway for New Zealand Citizens Applying for Australian Citizenship

In April 2023, the Australian government announced a new direct pathway for eligible New Zealand Citizens applying for Australian Citizenship. The new direct pathway commences from 1 July 2023 and is available to New Zealand citizens holding a Special Category Visa and who meet the eligibility criteria.

Read more

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