11 February

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Understanding Australia’s Bridging Visa System

This article explains the concept of Bridging Visa’s in Australia, how they work, the different types, and when you might need one. What are Bridging Visa’s? Bridging Visas are temporary Visas granted to applicants that are waiting for an outcome for a substantive visa application. As the term suggests they act as a bridge from one visa to the next. Bridging Visas are very important as they allow non-citizens to remain in Australia lawfully until a decision is made on their substantive visa application. There are five Bridging Visas, all of which have different purposes and different criteria. It is important to...

03 July

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New Australian Citizenship Pathway for NZ Citizens

Posted by Tom Foran

in Immigration

We've been getting a lot of enquiries recently regarding the new Australian Citizenship Pathway so we've put together an explainer video. There's been a massive shift in Australian Citizenship Laws recently, and many people are welcoming these changes to the law....

27 June

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The Preamble to Ministerial Direction 90

Posted by Tom Foran

in Immigration

Introduction All non-citizens in Australia hold a visa that is in effect. If they do not, then they meet the definition of ‘unlawful non-citizen’. Visa-holders can lose their visa, and therefore lose their right to lawfully remain in Australia – they immediately become unlawful. Non-citizens can lose their visa through both ‘general’ cancellation provisions and through ‘character’ cancellation provisions. When a visa is automatically cancelled because the non-citizen is not of good character and the mandatory visa cancellation provisions have been triggered, the non-citizen is permitted to seek revocation of that decision. Very tight timeframes apply. After the non-citizen files documents to initiate...

20 June

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Ministerial Direction 90 and ‘Impediments to Removal’

Posted by Tom Foran

in Immigration

Introduction Non-citizens in Australia are expected to comply with laws, and not engage in criminal activity or other serious conduct. A non-citizen that has that has not met these expectations can become run afoul of Australia’s Immigration laws, and ultimately find themselves subject to Ministerial Direction 90 (the ‘Direction’). Decision-makers must apply the provisions specified in the Direction to determine what will happen to the immigration status of the wrongdoer. We’ll cover the Direction in some detail below, but the main focus of this post is on the Impediments to Removal consideration. Many of the considerations of the Direction weigh against the...

13 June

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Australian Visa Cancellation and Children

Posted by Tom Foran

in Immigration

Introduction This post is not about cancelling the visas held by non-citizen children! It aims to clarify the specific factors that are relevant when a non-citizen subject to Australian visa cancellation has minor children that live here. All non-citizens living in Australia are potentially subject to visa cancellation. Permanent visas; provisional visas; temporary visas; and bridging visas can all be cancelled under the strict ‘section 501’ character provisions. The cancellation process can be discretionary, or it can be automatically made through the operation of mandatory visa cancellation provisions. The Minister acting personally can cancel a visa, or a decision-maker working in the...

30 November

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Subclass 189 New Zealand stream – COVID affected income threshold

Posted by Tom Foran

in Immigration

Amending legislative instrument from 14 November 2021 In previous posts, we wrote about the special permanent visa pathway set up from 1 July 2017 that is only available to New Zealand citizens. The visa is for New Zealand citizens in Australia that can demonstrate that they have made an economic contribution to Australia. It is the subclass 189 visa New Zealand stream. The pathway is under utilised. The uptake rate is said to be only about 10% of those anticipated to apply for the visa. It is regrettable that few people seem to know about it, nor apply even though they are...

24 August

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New Zealand Citizens and Australian Permanent Visa Applications

Posted by Tom Foran

in Immigration

Lodging an Australian Permanent Visa Application as an New Zealand Citizen If you are a New Zealand citizen and have been living in Australia from 19 February 2016 or before, and you haven’t already lodged an Australian Permanent Visa application, maybe now is the time for you to get that ball rolling… This post will explain reasons why you might choose to do that – and some reasons why you might not! We will then explain a bit about the eligibility criteria for a special permanent visa pathway that is only available to New Zealand citizens. You might spend time and money...

25 May

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New Rules for Lawyers and Immigration Assistance at the Administrative Appeals Tribunal

Posted by Tom Foran

in Immigration, Litigation

The rules have changed. If you (or someone you know) has experienced a visa application refusal or has had their visa cancelled, and an Administrative Appeals Tribunal (“AAT”) review is available, this post has relevance to you. Immigration Assistance Section 276 of the Migration Act 1958 (the “Act”) provides for the definition of “Immigration Assistance”. The definition includes situations where a person uses their knowledge or experience of migration procedures to provide advice, and to prepare visa applications and visa cancellation review applications. Preparing materials for a review application with the AAT in relation to a visa application or visa cancellation matter and...

23 April

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A Visa Application Refusal and Visa Cancellation Matters

Posted by Tom Foran

in Immigration, Litigation

Changed decision-making requirements: Ministerial Direction #90 To help protect the Australian community, the Australian government refuses visa applications by non-citizens that have engaged in serious conduct. A visa holder could have their visa cancelled because they have engaged in criminal activity. If a visa application is refused or a visa cancelled, there can be huge ramifications for the individual involved. The non-citizen’s Australian family members too can experience repercussions. Children living in Australia are severely impacted if their parent or caregiver’s visa is cancelled, and they are subsequently removed from Australia. The decision to refuse a visa application or to cancel a visa...

02 February

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15 November 2020 Australian Citizenship Test Changes

Posted by Tom Foran

in Immigration

By Tom Foran The Australian government has announced changes to the Australian Citizenship Test. The new testing regime will come into effect from 15 November 2020. This article explains who needs to take the Australian Citizenship Test. If you have recently applied for Australian Citizenship, then depending upon whether you have applied under Citizenship by Conferral or Citizenship by Descent, you may be impacted. We will look at the exceptions. Some applicants that would normally be required to take the test are exempt. There is going to be an overlap between the existing system and the new system. If you are going to...

Understanding Australia’s Bridging Visa System

New Australian Citizenship Pathway for NZ Citizens

The Preamble to Ministerial Direction 90

Ministerial Direction 90 and ‘Impediments to Removal’

Australian Visa Cancellation and Children

Subclass 189 New Zealand stream – COVID affected income threshold

New Zealand Citizens and Australian Permanent Visa Applications

New Rules for Lawyers and Immigration Assistance at the Administrative Appeals Tribunal

A Visa Application Refusal and Visa Cancellation Matters

15 November 2020 Australian Citizenship Test Changes

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