When Is A Visa Application Made In Australia
TABLE OF CONTENTS
Introduction
Check List Using The Regulations As A Template eg - Spouse Visa
Get Enough Sleep
Visa Application And Associated Costs
Preserving Records
Record Keeping And Management - How Long Do Documents Have To Be Kept?
Initial Requirements Regarding Accepting A Retainer
Failure Of Proper File Management Can Lead To Suspension As A Migration Agent
Interpreters
Confidentiality & Notifying The Client Of Complaint Procedure
Give Your Client A Copy Of Everything
Give Your Client The Bad News Immediately
Take Care While On Holidays
Clients & English
Check Special Requirements For Offshore Visas With The Embassy's Or Consulate's Website
Don't Accept Immigration's Assertion That Decisions Have Been Made Properly
Have No Fear Of Appeals
Never Advise Your Client To Make Life Changing Decisions Prior To The Grant Of A Visa & Trust Your Instincts
Before You Set The Fee With Your Client And Before You File A Visa Application
Oral Instructions
What Can Go Wrong If You Don't Record Your Mail Properly
Prepare Your Client For The Oath
Ideas For Chronologies For Client Files
Immigration Goes Into Hibernation On 30 June Each Year
Australia Closes Down Between Christmas & New Year
Have An Industrial Strength Office Set Up At The Office And At Home
What Is A Permanent Residence Visa?
Practice Together Or Practice In Groups
A Proper Email Account And Email Management
Undercharging And Undercutting On Fees
Positioning And Pathways And Fees (Putting All One's Eggs In One Basket)
Email & Fax Communication & Errors With Credit Cards Emerge As Troubling Issues
Preparing A Client For Merit Review Hearings Or Interviews With DIBP
Accountants And Migration Law
Passport
Berenguel - Sometimes Time Of Application Criteria Can Be Met At Time Of Decision
Bare Faced Liars & The Fraudsters
Everyone's Doing It
Bridging Visas
Visas Remain Current Until Midnight
Immigration Closes At 4pm
Looking After Secondary Visa Holders In A Visa Cancellation Process
Applying As A Secondary Visa Applicant Onshore When The Primary Visa Applicant Is Offshore
Being Illegal
Essential Prerequisites For A Ministerial Discretion Application
Last Lunge Applications
State And Territory Sponsorship
Addresses
Believing The Client
Follow Up
Make Peace With The Tax Office
No Obligation On Immigration To Chase Up Information Or Documents From Migration Agents Or Lawyers Representing A Client
Errors In Visa Applications
Spouse Visas - Unexplained Large Deposits of Money
Managing No. 8503 On Tourist Visas
Medical Consent
Statutory Declarations
Merit Review
Tax Deductibility of Migration Advice
LEGENDcom
Dates On Documents And Names On Documents
Breaking Up Is Hard To Do
Take A Statement
Case Management Software
Work Rights
Student
Check All Past Visa Applications
Revealing Convictions
Visa Holders Being On Their Best Behaviour
Email Communication With Immigration - Delete All Strings
No Without Prejudice Conversations With Immigration
Accounts Managements
What Is A Secondary Visa?
Identify Australian Citizens Who Support An Applicant
Communications
Schedule 1 Criteria
Second Thing To Do On Starting A File - Download The Relevant Part Of The Law
First Thing To Do When Starting Any File - Identify Any 'Rights Destroying' Deadlines
Lodging Paper Applications
Social Media & Smart Phones
References
Disputes About Parentage And Children
Helping People Pass The English Tests
Managing Emails
What Is The Pomodoro Technique?
Immigration Telephones Client
When Is A Visa Application Made In Australia
Apply For A Visa In Australia
No Visa Application Is An Island
The Hammock Principle
The offshore/onshore distinction regarding visas is now quite blurred in relation to visa applications lodged electronically. Immigration’s computers are based in Australia. Generally the migration advisor making the application does so while the migration adviser is present in Australia. If a client has a bridging visa A then the client can convert that to a bridging visa B and go offshore. If a client be effected by the s 48 bar then a client could make a quick trip offshore using the BVB and apply for a visa while offshore and then return to Australia. While offshore the visa application is made onshore. That BVB may expire and at that point the client becomes eligible for a BVE.
Let’s use the example of Mr S. Mr S went offshore while holding the BVB granted on the basis of having commenced judicial review court proceedings against a past subclass 485 visa refusal. Mr S applied for an RSMS visa subclass 187 while offshore at the time of application but the actual visa application is lodged electronically by the migration advisor who is present in Australia. Subsequently the judicial review proceedings were discontinued. The BVB therefore would expire 28 days after withdrawal of the judicial review proceedings. Before that date the applicant applied for a BVE. The subclass 187 is a visa that can be granted to Mr S while he is present in Australia. At the point when his BVB expires he meets the requirements of paragraph [050.212] (3) which reads:
[050.212] (3) An applicant meets the requirements of this subclause if:
(a) the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia and that application has not been finally determined; or
Mr S applied for a bridging visa E pending the determination of his subclass 187 visa application lodged while he was offshore.
Result: Visa granted (with permission to work).