Frequently Asked Questions
General Questions
6/12/23
Q: Why Use a Registered Migration Agent or Migration Lawyer?
A: Registered Migration Agents are qualified under strict government requirements and specialise in migration legislation, so they can provide accurate advice on your visa options and assistance with the preparation and lodgement of your application.
Registered Migration Agents are specialised in assisting with migration strategy, preparing visa applications and representation at the Administrative Appeals Tribunal (AAT), whereas migration lawyers are able to provide additional assistance if your case gets escalated further than the AAT stage (escalated to the Federal Court, for example).
6/12/23
Q: Does Skylark only help people in Melbourne, or can they help anyone in Australia or overseas?
A: Here at Skylark Migration, we have helped customers from 106+ countries and counting. So, YES, we can help you no matter where you are located. Our migration agents are able to jump on a phone call, email or Zoom video call as required, so your location does not affect our ability to provide the best service to you!
6/12/23
Q: How much does it cost to apply for a visa?
A: The cost of applying for a visa can vary depending on the type of visa and your individual circumstances. Some visas may require significant fees for application and processing, while others may be relatively inexpensive. Additionally, you may need to pay for medical exams, language proficiency tests, and other requirements as part of the application process.
6/12/23
Q: What type of visas do you help with?
A: We can assist with all visa types, whether it’s a skilled visa, employer-sponsored, family (partner, parent), business, student, visitor, protection, or appeals.
6/12/23
Q: How long does the visa application process usually take?
A: The processing time for a visa application can vary widely depending on the type of visa, the complexity of the application, and other factors. Generally speaking, you should expect the process to take several months from start to finish. However, some visas may be processed more quickly, while others may take significantly longer.
6/12/23
Q: What are the most common reasons for visa applications to be rejected?
A: There are many reasons why a visa application may be rejected, including incomplete or incorrect information, failure to meet eligibility requirements, and concerns about your character or history. To increase your chances of success, it's important to work with a registered migration agent and carefully follow all instructions and guidelines provided by the Department of Home Affairs.
6/12/23
Q: I want to apply for permanent residency, what do I do?
A: There are generally several ways you can get permanent residency (PR), such as general/independent skilled migration, employer sponsorship, partner sponsorship, etc. Everyone’s situation is different, so it’s best that you book an appropriate consultation with us so that we can give you further advice about how to proceed towards PR.
6/12/23
Q: Can I apply for a visa on my own, or do I need to use a migration agent?
A: While it is possible to apply for a visa on your own, many people choose to use a migration agent to help them with the process. This is because the visa application process can be complex and time-consuming, and even small mistakes can result in your application being rejected. A migration agent can provide guidance and support throughout the process, increasing your chances of success.
6/12/23
Q: How can I maximise my chances of successfully obtaining a visa?
A: To maximise your chances of successfully obtaining a visa, it's important to be well-prepared and follow all guidelines carefully. This may involve working with a migration agent to develop a comprehensive strategy, gathering all necessary documentation and evidence, and ensuring that you meet all eligibility criteria for your chosen visa type. Additionally, being honest and transparent throughout the process can help to build trust and credibility with the Department of Home Affairs.
Partner Visa Questions
30/11/23
Q: For U.S. citizens seeking to work in Australia, what is the best visa option?
A: Options include the Temporary Skill Shortage visa (subclass 482) or a partner visa if eligible. The best option depends on individual circumstances, including employment offers and relationship status.
30/11/23
Q: Does a history of cancer affect the approval of an Australian partner visa?
A: Medical history, including cancer, is considered in visa applications, but it doesn't automatically lead to refusal. Each case is assessed on individual health and circumstances.
Tourist Visa Questions
30/11/23
Q: Is it possible to stay in Australia on a tourist visa after a working holiday visa without doing specified work?
A: You may apply for a tourist visa following a working holiday visa. However, approval depends on individual circumstances and the Australian visa policy at the time of application.
30/11/23
Q: Can a tourist visa holder apply for a bridging visa while in Australia?
A: Tourist visa holders can sometimes apply for a bridging visa in certain circumstances, such as when applying for another substantive visa. It's important to check current regulations and eligibility.
Dependent Visa Questions
30/11/23
Q: Can I apply for a visa for my child to join me in Australia?
A: Yes, you can apply for a dependent visa for your child if you are studying in Australia. The specific visa type and requirements will depend on your circumstances and visa status.
30/11/23
Q: What is the process for family members of students to join them in Australia?
A: Family members of students can apply for dependent visas. The specific type and requirements will depend on the primary student's visa status.
Other Questions
30/11/23
Q: Do I need to apply for a 1445 form to work more than 6 months with the same employer on a working holiday visa?
A: The 1445 form is typically required if you wish to extend your employment beyond the 6-month limit with the same employer on a working holiday visa. It's advisable to check with the Australian Department of Home Affairs for specific requirements.
30/11/23
Q: What are the migration options for individuals not seeking employment in Australia, such as those moving with family?
A: Migration pathways for those not seeking employment may include family-sponsored visas or other categories, depending on your circumstances. Financial requirements and eligibility criteria vary, so professional advice is recommended.
30/11/23
Q: Can visa holders apply for different types of visas while already in Australia?
A: Yes, visa holders can often apply for different visas while in Australia, depending on their current visa conditions and eligibility for the new visa type.
30/11/23
Q: What is the best visa option for skilled workers seeking to migrate to Australia?
A: Skilled workers can consider the Skilled Independent Visa (subclass 189) or the Skilled Work Regional (Provisional) Visa (subclass 491), depending on their qualifications, work experience, and the state's nomination requirements.
30/11/23
Q: Can I get assistance with international police checks for Australian citizenship applications?
A: While some migration services may assist with coordinating international police checks, it's advisable to directly contact the relevant authorities in the countries where the checks are required.
30/11/23
Q: How does the new migration deal between India and Australia affect the post-study work visa duration?
A: The duration and conditions of the post-study work visa may vary depending on the specific details of the migration agreement. It's recommended to consult the latest information on the Department of Home Affairs website or consult a migration agent.
30/11/23
Q: Can buying a business in Australia lead to permanent residency?
A: Purchasing a business may lead to permanent residency under certain business and innovation visas, but specific requirements and eligibility criteria must be met.
Subclass 820
11/12/23
Q: What is an Australian 820 visa?
A: An Australian 820 visa is a temporary visa that allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live and work in Australia. It is also the first stage of a two-stage process for obtaining a permanent partner visa.
11/12/23
Q: Can I work in Australia on an 820 visa?
A: Yes, you can work in Australia on an 820 visa once it has been granted. You usually get a Bridging Visa that has work rights when you apply for the 820 visa, but it's important to check the conditions on your visa to be sure.
11/12/23
Q: Who is eligible to apply for an 820 visa?
A: To be eligible for an 820 visa, you must be in a genuine and ongoing relationship with your partner, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. You must also meet the health and character requirements, and provide evidence of your relationship.
11/12/23
Q: What happens after I am granted an 820 visa?
A: After you are granted an 820 visa, you can live and work in Australia until your permanent partner visa (subclass 801) application is finalised. The assessment of your 801 visa usually starts after two years after your 820 visa application was lodged, but depending on the length of your relationship, you may not have to wait for these 2 years.
11/12/23
Q: How long does it take to process an 820 visa application?
A: The processing time for an 820 visa application varies depending on individual circumstances and the complexity of the case. It can take several months to more than a year for the Department of Home Affairs to process your application.
Subclass 801
11/12/23
Q: What is an Australian 801 visa?
A: The Australian 801 visa is a permanent partner visa.
It is usually the second stage for applicants who have already been granted a temporary partner visa (subclass 820).
This visa allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia permanently.
11/12/23
Q: Do I need to provide any additional evidence for my 801 visa application if I already provided evidence for my 820 visa application?
A: Yes, you will need to provide additional evidence for your 801 visa application, as it is a separate assessment process from the 820 visa. The Department of Home Affairs will need to assess whether you continue to meet the eligibility criteria for the permanent partner visa.
11/12/23
Q: Can I apply for an 801 visa if I am not in Australia?
A: When applying for an Australian 820 visa (the temporary stage), you typically also lodge a combined application for the 801 visa (the permanent stage).
Approximately two years after your initial application, you will be requested to provide additional documentation for the 801 visa assessment. This process can be completed while you are outside of Australia.
However, it's important to be aware that prolonged absence from Australia might lead to questions about your commitment to residing permanently in the country.
If your 801 visa is approved while you are overseas, you will be required to enter Australia within a specified timeframe set by the Department of Home Affairs.
11/12/23
Q: What happens if my relationship breaks down after I have been granted an 820 visa but before I apply for an 801 visa?
A: If your relationship breaks down before you are granted an 801 visa, you would usually not be successful in obtaining it. Exceptions apply in very specific circumstances (e.g. family violence, death, custody of Australian children, etc.)
11/12/23
Q: How long does it take to process an 801 visa application?
A: The processing time for an 801 visa application varies depending on individual circumstances and the complexity of the case. It can take several months to more than a year for the Department of Home Affairs to process your application.
Subclass 309
11/12/23
Q: What is an Australian 309 visa?
A: An Australian 309 visa is a temporary visa that allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live and work in Australia. It is the first stage of a two-stage process for obtaining a permanent partner visa.
11/12/23
Q: Can I work in Australia on a 309 visa?
A: Yes, you can work in Australia on a 309 visa once it has been granted.
11/12/23
Q: What is the difference between an 820 visa and a 309 visa?
A: The main difference between an 820 visa and a 309 visa is that the 820 visa is for applicants who are already in Australia, while the 309 visa is for applicants who are outside Australia. The eligibility requirements are generally the same for both visas.
11/12/23
Q: Can I apply for a 309 visa if I am already in Australia on a different type of visa?
A: No, you cannot apply for a 309 visa if you are already in Australia on a different type of visa. In most cases, you will need to apply for an 820 visa instead.
11/12/23
Q: How long does it take to process a 309 visa application?
A: The processing time for a 309 visa application varies depending on individual circumstances and the complexity of the case. It can take several months to more than a year for the Department of Home Affairs to process your application.
Subclass 100
11/12/23
Q: What is an Australian 100 visa?
A: The 100 visa is a permanent visa that allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live and work in Australia. It is the second stage of a two-stage process for obtaining a permanent partner visa, following the grant of a temporary partner visa (subclass 309 or 820).
11/12/23
Q: Can I travel outside of Australia while holding a 100 visa?
A: Yes, your 100 visa will come with a 5-year “travel facility”. If you intend to travel overseas and return to Australia after this period, then you need to ensure that you have “renewed your travel facility” by obtaining a 155 Resident Return visa before you leave Australia.
Note that the 100 is a permanent visa so you have no restrictions on remaining in Australia, even if the travel facility has expired.
11/12/23
Q: How long does it take to process a 100 visa application?
A: The processing time for a 100 visa application varies depending on individual circumstances and the complexity of the case. It can take several months to more than a year for the Department of Home Affairs to process your application.
11/12/23
Q: Do I need to be outside Australia to apply for the 100 visa?
A: You would have already applied for the 100 visa at the same time as applying for the 309 visa (the temporary stage). You would usually be asked to provide documents for the 100 visa 2 years after this application.
However, you do not need to be outside Australia as you would for the 309 visa. You can provide these documents for your 100 visa application to be assessed from within Australia.
Subclass 300
11/12/23
Q: What is an Australian 300 Visa?
A: The Australian 300 visa, also known as the Prospective Marriage Visa, is a temporary visa for individuals who intend to marry an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. It's designed for couples who plan to live in Australia and get married within the visa's 9-month validity period.
11/12/23
Q: Can I Travel to and from Australia on a 300 Visa?
A: Yes, the 300 visa is a multiple entry visa. You can travel to and from Australia as many times as you like until the visa expires, which is usually 9 months from the date of grant.
11/12/23
Q: Who is Eligible to Apply for a 300 Visa?
A: To be eligible for a 300 visa, you must be engaged to an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Both partners must be of legal age to marry according to Australian law, have met in person as adults, and intend to marry within 9 months of the visa grant. You must also meet health and character requirements.
11/12/23
Q: What if I Don't Marry Within 9 Months?
A: If you do not marry your partner within the 9-month period, your 300 visa may be cancelled, and you might have to leave Australia. It's important to adhere to the visa conditions and timelines.
11/12/23
Q: How Long Does It Take to Process a 300 Visa Application?
A: The processing time for a 300 visa application can vary. It typically ranges from several months to more than a year, depending on individual circumstances and the complexity of the case. Applicants should check the latest processing times provided by the Australian Department of Home Affairs.