Always use a Registered Migration Agent. Our agents are Registered with the OMARA - Office of the Migration Agents Registration Authority.
Registered Agents are bound by a Code of Conduct to protect your rights as a client. Principal Migration Agent Emily Surina MARN 2318036 Consumer Guide & Code of Conduct: Consumer guide English (mara.gov.au) | Code of Conduct March 2022 (mara.gov.au) |
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PR's Travelling OverseasThe basics...
As the name says – a person holding a permanent resident (PR) visa is permitted to stay in Australia indefinitely. Your visa does not expire, unlike a temporary visa. However, what does expire is the capacity to travel outside of Australia. This is a temporary component and upon initial granting of your PR visa, you are given a 5 year travel period.
During these 5 years, you can come and go from Australia and upon returning stay as long as you like. But once those 5 years have passed, if you wish to travel again, or if you are overseas and want to return to Australia, you must have renewed your PR visa. This new visa is called a Resident Return Visa (RRV). If you do not hold a valid visa for re-entry to Australia you might be refused boarding onto your flight at the airport or have your entry into Australia delayed until your identity and claims to enter have been verified. Ideally, as a permanent resident in Australia you should ensure your travel visa (PR or RRV) is still valid. If it has expired, or close to it, it is highly recommended that you apply for your RRV whilst you are still in Australia. If you migrated to Australia before 1987 or travelled overseas between 1 March 1976 and 31 December 1986, you could have been issued with an Authority to Return (ATR) or a Return Endorsement (RE). If this is your case, you should not apply for any other visa because, if your application is approved, this will legally cease your Authority to Return or Return Endorsement. Contact Great Australian Migration if you think this is your situation. I’m overseas and my PR travel visa has expired… maybe I’ll just apply for an ETA or Visitor VISA to come back to Australia since it’s free?
Short answer…. No, don’t do this!
Entering Australia on an ETA or visitor visa actually means that you have re-entered Australia for that purpose – not as a PR. You will have no permission to work or study, it will affect any government benefits you may receive, no Medicare; and upon expiring, will leave you in Australia without a valid visa. You must re-establish yourself as a PR by applying for a RRV – do this ASAP. Entering as a visitor will also affect your time period towards applying for Citizenship. Applying for a Resident Return visA
You should apply for a Resident Return visa if any of the following apply to you:
Apply online through ImmiAccount - Visa fee $475 AUD. If you can’t apply online, a paper form can be filled but it will cost more - Visa fee $555 AUD. Great Australian Migration can assist you with applying; the service fee will be determined based on any outlying issues you may have. Starting price is $300 AUD. 5 YEar RRV, 12 month rrv or 3 month rrv?
Check which one of these applies to your case:
Transferring your visa details to your new passport
If you have been given a new passport, your visa remains valid but is still connected to your old passport. You must provide your new passport details to the Department of Home Affairs for the visa information to be updated. This is not automatically done. You might be able to update this online using your ImmiAccount. If you are having troubles with ImmiAccount, you can complete Form 929 – Change of address and/or passport details (193KB PDF) and return the form by post to the Department. There is no fee for this service.
Other important information - Incoming Passenger Card
People arriving into Australia (visa holders or citizens) must complete a Passenger Card. It is an official document that identifies the person entering the country and their declaration regarding their health, character and declarable items. Failure to complete the card can lead to fines and possible visa cancellation.
Completing an incoming passenger card
When answering questions on the front about items you are bringing into Australia, if you are in doubt, it is best you tick ‘yes’. This will allow you to speak with an officer who can check the item/s and confirm if it’s OK to pass. If not, the item may be taken from you for processing or destruction; but the main thing is you should not face any penalties. This applies even to items you brought from Australia to take with you overseas and then return. https://www.abf.gov.au/entering-and-leaving-australia/can-you-bring-it-in
Great Australian Migration is here to assist you with all your visa and citizenship needs. Reach out to receive service that is personalised for you...
Australian CitizenshipHow you can become a Citizen:
Citizenship Certificate:
Why is this document so important and how to obtain one?
Overseas travel:
For all your Citizenship needs, please look to Great Australian Migration. We are ready to help you! Want to Work whilst you Visit Australia? How can this type of visa help me towards permanent migration? As a general rule, those who visit Australia are not permitted to work… but if you are looking to migrating to Australia, a working holiday visa can be a great starting point. This visa is granted for 1 year and will give you time to see different cities and towns to decide what might suit your work and lifestyle. You are also open to work in any occupation or job. This gives you the opportunity to show your worth to an employer who may be in a position to then sponsor you on to a proper full-time working visa. It is also one of the rare visas that still allows you to apply for a student visa whilst in Australia if you need to upgrade your skills. And at just $650 AUD its great value! working holiday visas – subclass 417 and subclass 462Common criteria: ~ starting age 18 years… maximum age 30 years or 35 years (depending on the country of your passport) ~ for your first visa, you must be outside of Australia to apply ~ if you are a dual citizen, you can only qualify for your first visa provided you have not previously held a 417 visa or 462 visa, so no swapping from one visa subclass to another using different passports. ~ have enough money to support yourself upon your initial arrival into Australia as it can take you some time to find employment. The expected amount to show is $5000 AUD plus the cost of a ticket to depart Australia ~ be in good health (you will be required to undergo an official medical check) ~ be of good character (you will need official police certificates to show this) ~ generally, you have not previously had a visa cancelled or refused, this could cause you to have an exclusion period applied to you. Which country passport qualifies for a subclass 417 – Working Holiday Visa:
Which country passport qualifies for a subclass 462 – Work and Holiday Visa:
Other requirements for subclass 462 eligible countries:~ Education: Many countries require that you have completed a tertiary education or at least 2 years of an undergraduate university degree. Acceptable tertiary qualifications: degrees, graduate certificates, diplomas. Higher level (certificate I to IV) and High School certificates are generally not accepted. ~ Functional level of English (not applicable to all countries, check with us): There are different ways you can prove your functional English level. The most common is you hold an approved passport (USA, UK, Canada or Ireland); have completed schooling delivered in English; or you pass an approved test – eg IELTS, PTE, Cambridge. OTHER THINGS TO CONSIDER and know:How can you qualify for another visa to stay longer in Australia?
A great bonus of this visa is that by doing a few months of specified work in regional Australia will open the door for you to apply for a second, and possibly, a third visa! That’s 3+ years of building your work experience and possible sponsorship to staying more permanently in Australia. What is specified work in regional Australia? Australia is a BIG country and there is work in all the 4 corners of the land. The government wants to encourage you to explore and help the smaller cities and towns. It’s possible you may actually fall in love with the people, area and work – enticing you to stay longer or even to seek permanent residency. What areas of Australia are “regional”? Put simply – stay away from most capital cities – especially Melbourne, Sydney, Brisbane and Perth. Amazingly some capital cities are still deemed regional – like Adelaide, Hobart, Darwin. How long do you need to work? To qualify for a 2nd visa – you will need to work at least 88 days (3 months) full-time or equivalent time to qualify. And to qualify for the 3rd visa – double this again, 179 days (6 months). What is “specified work”? There are a range of jobs that can meet this criteria. Examples of this are: - Tourism and Hospitality industry (in very remote areas) - Fruit and/or vegetable picking and packing - Taking care of animals being reared for consumption such as cattle herding - Fishing and Pearling directly related to commercial operations - Building construction - Work in bushfire effected areas to help with re-building/re-growth of the area As you can see, there is a variety of work and ways to meet criteria for a 2nd and 3rd visa. Great Australian Migration offers a "work, time and location check" service to those in Australia and to those that have gone back home and now want to try for their 2nd or 3rd year visa. We will check your documents such as reference letters, pay slips, contract and/or other proof in support of the work you have done, the location of where it was done and that you have enough hours/days to satisfy criteria. This is $300AUD. And if you are looking to obtain your first visa and need help with it all, we are here to help with that too – full service for $1250AUD. Contact us for more information, whether its this visa or another… we are here to help you 😊 The Alphabet of Bridging Visas
Basically speaking, there are 2 types of visas – substantive visas such as a visitor visa, partner visa, student visa, employer sponsored visa – the reason and purpose why you are in Australia … and then there are bridging visas which are the “in-between visas” to take you from one substantive visa to another. You may also hold this visa if you are seeking appeal of the visa decision, either at the AAT or through the Courts.
Why are there so many Bridging Visas and what does each one mean?
There is a basic but important rule to note about Bridging Visas (BVs) – the lower down the rank you go, the more restrictive it is. And no, a BVA is not better than a BVB – go figure!
Here are the most commonly granted Bridging Visas and the order that is most beneficial to you as the visa holder! 1. Bridging Visa B (BVB)
This visa can only be obtained by paying an application fee. It is for the purpose of obtaining permission to travel. This visa can only be granted if you are holding an active BVA, so don’t jump the gun by applying for a BVB simply because your BVA has been granted and is waiting in the background. You should make your application for a BVB as far in advance to travel as possible, ensuring you have documents in support of your plans. Also look to include as many trips you think you will take in your application so the Department can look to granting you a visa with a multiple travel facility. This may avoid you needing to lodge again for a future trip. But don’t be surprised if the visa isn’t granted straight away – it could be granted only a few days prior to your planned travel! Most importantly – DO NOT LEAVE AUSTRALIA without this visa first being granted and especially do not let the travel facility expire whilst you are overseas. It CAN’T be granted to you from overseas and you may be stuck there! Should the travel component expire whilst you are back in Australia, you do not need to apply again unless you plan on travelling again. The BVB stays active for you to remain in Australia until a decision is made.
2. Bridging Visa A (BVA)
This BV will be granted to you when you are doing everything right. What does that mean? The normal scenario is that are holding a substantive visa in Australia, and you apply for another substantive visa. The Department grant you this BVA to keep you lawful in Australia should your first substantive visa expire and the 2nd visa application hasn’t had a decision yet. The BVA will only become active once the 1st visa is expired. If not, it will stay in the background, inactive. For this basic scenario, you do not normally need to apply for this visa separately. If you are undertaking other immigration matters or if you are unsure, please speak to a Registered Migration Agent who can look into this for you further. Work rights on this visa are generally determined by the visa you had previously, so for example if you had a visitor visa with no work rights, then the BV will have that too.
3. Bridging Visa C (BVC)
This is when things are starting to go a little amiss. Now what does that mean? Generally, this BV is granted in 2 scenarios – you are applying for another substantive visa whilst on a BVA or BVB; or you are applying for another visa from an unlawful state, meaning you are not holding another visa at all. This visa can’t be granted to you if you have ever held a BVE. A BVC will allow you to stay in Australia whilst your application is processing but does not allow you to travel, nor can you apply to travel. Generally, you will have no work rights either.
4. Bridging Visa E (BVE)
Now we are at the end of the line for bridging visas. It is called a Status Resolution Visa. This visa is normally granted to those who have gotten themselves into a sticky situation. You may have had a visa cancelled and are seeking review of the decision; you have overstayed your visa and are looking into options; you have made the decision to go home; or you may be asking the Minister to intervene in your case. You understand and don’t want to be in Australia without a valid visa – this can lead you to potential detention and removal from the country; which can then affect other visa applications, even for other countries! So do the right thing and take action asap. Before applying directly to the Department for this visa, I highly recommend you book yourself a consultation and speak with a Registered Migration Agent about your case. You may still have options open to you. Remember as noted above, a BVC might be open to you still… but not if you have a BVE granted to you first.
Great Australian Migration’s principal agent – Emily Surina (MARN 2318036) left the Department as a Status Resolution Team Leader and Trainer to open this agency, so she understands exactly the process and is sure to guide you in the right manner – with honesty and integrity. For BVE packages, see our specials! How can I change the conditions on my Bridging Visa?
There are normally 3 conditions people want to change on their Bridging Visas…
If you are in a position where you find your immigration pathway is not going as smoothly as you thought, don’t delay! Contact and pay for a consultation with a Registered Migration Agent – they really are worth every cent to provide you with reassurance and a plan to straighten your way. Yes, it might mean that you are given advice that isn’t what you want to hear and you may need to leave and start again, but it's better to do that than to have your visa cancelled or to face exclusion periods to apply for another visa all because you didn’t want to pay for a consultation. At Great Australian Migration we want to help you as best we can – with honesty, hard truths and integrity. Your Australian visa has been refused or cancelled?
You have lodged a visa application and it’s been refused… or worse, you were granted a visa and now it’s been cancelled. What options do you have available to you?
Firstly, for any refusal or cancellation decision taken by the Department, they will give you a written notification of the reasons. It is based on this letter that appropriate decisions and steps can be taken. The Department will likely outline a few of these steps, but not all. Nor will they tell you what the best choice for your circumstances is. There are many aspects that need to be considered and not all are available to you. It is highly recommended that for any visa refusal or cancellation, look to a registered migration agent or immigration lawyer to help you navigate this best. 1. Administrative Appeals Tribunal (AAT)
You will be given a period of time to seek review of the merits of your case through the AAT. The AAT are an independent body from the Department of Home Affairs that take a fresh look at your application again, as if they were a case officer, to see if they too would have come to the same decision or if they would have made a different decision. This is your opportunity to put forward your case personally, rather than just on paper as a visa application or cancellation is so often decided. A win at the AAT does not mean that you will be granted your visa. What it does mean is that your case will be returned to the Department for further consideration based on the AAT outcome for a new decision.
2. Judicial Review
This is usually sought after you have had your decision reviewed by the AAT. With this option you are taking the Department of Home Affairs to court. This decision should not be taken lightly. It is highly recommended that you hire an immigration lawyer to review your case and to represent you in court. Failure to do so will most likely lead to your case failing at court, as the Department will definitely have lawyers representing them. It is best to note that the Court system cannot grant you a visa, it can only make judgement on the legality of the decision made by the Department. If there has been no miscarriage of the law, you will fail. And should this be your case, you will incur court fees and have a debt to the Commonwealth. This debt will need to be paid, or at least show payments toward the debt, before any future visa can be considered for grant.
3. Ministerial Intervention
This is your last attempt to have the Department grant your visa – by a personal decision taken by the Minister themselves. As you can imagine, this is very difficult to accomplish and should not be relied upon. You can only seek this process after you have sought review at the AAT. It is imperative that the AAT have made a decision on your case as this is the power that then grants you access to the Minister. Without it, the Minister can’t make a decision on your case even if they wanted to. It is also very important to note that unlike the AAT and Court where you must be given a hearing and receive an outcome, the Minister is not mandated to intervene in your case. The Minister has therefore provided a guideline to describe the types of cases that they are willing to consider, anything not on that list will not be referred to the attention of the Minister.
4. Lodge another visa application
Seems simple enough – just apply again. This, however, also has its restrictions. Whether you can apply again from within Australia or if you will need to depart Australia and lodge overseas will be subject to the type of visa you had refused and when it was refused. If you are holding a substantive visa or a bridging visa at the time of refusal. If your visa was cancelled, subject to why it was cancelled and if you were the primary or secondary visa holder will also determine if you can apply for a visa whilst in Australia or not.
5. Depart Australia
The decision to depart Australia shouldn’t be taken lightly. There may be consequences to departing - for example, you must be in Australia to undertake AAT process, so if you leave and do not have a visa to return, you may not be able to undertake the process and therefore close future access to the Minister also. A person who has had their visa cancelled or refused may be subject to exclusion periods and the type of visa you depart on (or failure to hold a visa on departure) could also affect your time period to apply for another visa. It is best to discuss this prior to departure to ensure you understand if and when you can apply for another visa to return to Australia.
As you have read, the most appropriate route is not always straight-forward and engaging with a Registered Migration Agent is a great start. At Great Australian Migration we can review your situation, give opinion upon the likely success of your case by the AAT or whether you should seek counsel from an immigration lawyer. We can also guide you about any exclusion periods you may be facing plus any additional application processes that may need to be taken if you are able to lodge for another visa, be it in Australia or overseas. Book a consultation with our trustworthy and honest Registered Migration Agents today! |
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AuthorAs the principal Registered Migration Agent for Great Australian Migration, Emily Surina (MARN 2318036) wants to empower people to make their own migration journey's easier. Hopefully reading this blog will help you feel more in control and with the right support, make your Great Australian Migration a reality! Archives
September 2024
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