Overview of the Australian migration law
The Australian migration framework is complex and always changing.
The Department of Home Affairs (‘DoHA’) is the Australian government interior ministry that is responsible for the administration of immigration, refugees and citizenship in Australia.
There are different types of visa in Australia and you must apply for the correct visa. The DoHA outlines the requirements and criteria in helping the delegates of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in deciding whether to grant or refuse a visa application. These requirements and criteria that must be complied by visa applicants are outlined in the
Migration Act 1958 and the Migration Regulations 1994.
For Australia citizenship applications, the eligibility criteria of applicants are outlined in the
Australian Citizenship Act 2007 and Australian Citizenship Regulation 2016.
The data of the DoHA also justifies that it is very becoming difficult to obtain permanent residency in Australia. This is confirmed by the number of Skilled visa granted in financial year 2019-2020 which is only 105,665 compared to financial year 2016-2017 where 180,208 Skilled visas were granted. The common cause of inability to obtain a Skilled visa is lack of strategic and long-term planning. Prospective applicants must also consider the competition when applying for Skilled visa as there are hundreds of thousand just hoping to apply for Skilled visa and the DoHA only selects the best candidates for Skilled visa.
Pitfalls of DIY applications
You always have the option to apply for your own visa or citizenship application to save money. You may also take advice from friends and different forums in social media on how to apply for a certain visa. However, incorrect visa application, or mistakes in your application can result to lengthy and stressful delays, possible refusal of your visa or citizenship application and in some circumstances, ban to enter Australia. In addition, your situation can be different from your friend or the person who posted a migration advice on social media.
Moreover, the DoHA is using an online platform for visa or citizenship applications that is user-friendly and accessible. It is not recommended that all applicants submit an application without the consultation or assistance of a specialised migration lawyer. This is due that there may be risks in your application that you are not aware of and these risks may cause to a possible refusal of your application.
Financial cost
Also take note that immigration fees are steadily increasing over the years. For instance, the visa application charge for a Partner visa used to be around $4,000.00 but is currently at $7,850.00 and this fee is non-refundable if your visa application is unsuccessful.
Time Not only the cost of the visa application, you must also consider the time period that you may lose if your visa application is unsuccessful. For example, the DoHA has the timeframe of between 16 and 22 months to process an application for Subclass 309/100 Partner. If your application for Subclass 309/100 Partner is unsuccessful and you decide to re-apply again, you must wait for another 16 and 22 months for the DoHA to make a decision on your next application for Subclass 309/100 Partner.
Why use a Migration Lawyer?
Migration lawyers possess the necessary knowledge and expertise to interpret and navigate through different migration laws, regulations, and policies. This is because they have undergone extensive education and training, typically dedicating 3 to 5 years of full-time study to law and Practical Legal Training in order to become admitted as solicitors. Furthermore, migration lawyers are registered with both the Legal Admissions Board and Law Society.
Moreover, migration lawyers are skilled at identifying potential risks in visa or citizenship applications that may lead to stressful delays, potential refusals, or a combination of both. It is important to note that the Australian government has implemented measures to make immigration to Australia more challenging. Migration lawyers stay up-to-date with any changes or updates in migration laws and regulations that may impact an applicant.
Why use Sunshine Migration Group?
Unlike others, Sunshine Migration Group will not only fill-out forms for you and communicate with the DoHA if required but our team will advise you of all of the possible risks that you may experience in your migration journey. Our team will then provide migration solutions to either minimise or eliminate the risks in your visa or citizenship application.
In addition, the qualified lawyers in Sunshine Migration Group can assist you in achieving the most desirable outcome of your visa or citizenship application. As our clients, Sunshine Migration Group has a dedicated team to ensure that your application or migration matter is stress-free.
If you are unsure of your potential visa pathway or have concerns in your eligibility for a visa, our experienced migration lawyers in Sunshine Migration Group can assist you. Our team provides detailed advice as we want you, the client, to fully understand the migration framework without any confusions. Lastly, our team in Sunshine Migration Group has extensive knowledge and experience in the Australian migration law framework that will provide you with the assistance of submitting a strong application to the Department of Home Affairs.
