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Common Questions

Are you a registered migration agent?Yes. Immigration assistance is given by Arash Barinder Singh (Arsh Dhillon), a registered migration agent.Who you are dealing with
Are you a lawyer?No. No Worries Migration is an Australian migration practice.Who you are dealing with
Do I need a migration agent?No. You are entitled to prepare and lodge your own application, and the Department publishes the forms and the requirements.Who you are dealing with
My visa has been refused. What happens now?Read the decision letter first, and note the date you received it.If your visa is refused
What is merits review, and can you act for me at the Tribunal?Merits review means the Tribunal looks at the decision afresh on the facts and the law, and can make a different decision.If your visa is refused
What is judicial review? (general information)Judicial review is different from merits review.If your visa is refused
What is a jurisdictional error? (general information)Broadly, a jurisdictional error is a legal error that goes to whether the decision-maker had the authority to make the decision they made.If your visa is refused
Can you help me apply for judicial review?No. We do not provide immigration legal advice, and we do not prepare, file or run court proceedings for clients.If your visa is refused
Where do I go for judicial review, or to find a lawyer?These are the official sources.If your visa is refused
What do you charge?It depends on the matter, so we quote on the matter rather than publishing a price list.Fees, and how we work
What happens to money I pay in advance?Money paid in advance for work not yet performed is held separately as client money and dealt with in accordance with the Code of Conduct .Fees, and how we work
Can you guarantee I will get the visa?No. A registered migration agent cannot guarantee that a visa will be granted or that a review will succeed.Fees, and how we work
What if I am not happy with the service?Tell us first – most problems are a misunderstanding and can be sorted out quickly.Fees, and how we work

Employer Sponsored

Does the job title have to match an occupation on the list?The job title is not what decides it – the actual duties are.Does the job title have to match an occupation on the list?
My current visa has No Further Stay. Can I still be sponsored?Possibly. A No Further Stay condition has to be waived before another substantive visa can be granted onshore, but for a sponsored pathway there is a route that does not…What if my current visa has a No Further Stay condition?
My nomination was refused. Can I go to the Tribunal?Only your employer can.When something goes wrong
My visa was refused. What now?Send us the complete decision letter and tell us how it reached you.When something goes wrong
What if my employer withdraws the nomination, or the business closes?For the 186, the criteria require that the nomination has not been withdrawn and that the position is still available to you when the decision is made.When something goes wrong
Can the visa be granted before the nomination is approved?No, where the visa criteria require an approved nomination – which they do for the 482, the 494 and the 186.When something goes wrong
Is there a deadline I should worry about right now?If you are holding a letter from the Department or the Tribunal, assume there is, and check the date on it today.When something goes wrong
I have an employer willing to sponsor me. What do I check first?Before choosing a visa, get these seven things on the table: your actual duties (not the job title), the occupation those duties match, the salary and work location, your…If you are the worker
Can I apply in Australia if my current visa is about to expire?Possibly, but sponsorship does not override your current visa conditions or any bar on applying.If you are the worker
Can employer sponsorship lead to permanent residence?Sometimes, and not automatically.If you are the worker
Who applies – me, or my employer?Both of you. An employer-sponsored visa is not a single application – it is up to three decisions, each made separately, and each can be refused on its own: Sponsorship,…If you are the worker
Can I pay my employer to sponsor me?No. Asking for, offering, receiving or providing a benefit in return for sponsorship is an offence under the Migration Act.If you are the worker
Does my business need to be an approved sponsor?For a standard 482, and for a 494 in the Employer Sponsored stream, yes.If you are the employer
Does my business need a minimum turnover, size or trading history?There is no universal figure for any of the three.If you are the employer
Can a new business, or a sole trader, sponsor a worker?Potentially. Nothing excludes either by category.If you are the employer
Can I sponsor a family member, or someone already working for me?Neither is barred by relationship or by existing employment.If you are the employer
Does the job have to be genuine?Yes, and it is the requirement most nominations actually turn on.If you are the employer
What is labour market testing, and how long do I have to advertise?Labour market testing asks the employer to show it has tested the Australian labour market before nominating an overseas worker, unless an exemption applies to the nomina…If you are the employer
Do we have to advertise the job first?Often, yes. Labour market testing applies to some employer-sponsored nominations unless an exemption applies.If you are the employer
What salary do we have to pay?Two separate questions, and clearing one does not clear the other.If you are the employer
Who pays the levy, and can I ask the worker to cover the costs?The nomination training contribution charge is the nominator's, and the nomination cannot be approved unless any debt for it has been paid in full.If you are the employer
What are my obligations once I am a sponsor?Sponsorship approval carries ongoing obligations, and they do not end when the visa is granted.If you are the employer
What happens if my sponsored employee resigns?It matters, and it is time-sensitive on both sides.If you are the employer

Subclass 482

Is the 482 still called the TSS visa?No. In the Regulations it is now headed Skills in Demand.Am I eligible?
What are the requirements for a 482 visa?Three things have to line up, and they are decided separately: the employer , the position and you .Am I eligible?
Which stream am I in?Three streams, and the employer's nomination decides which one.Am I eligible?
Which occupations are eligible for a 482 visa?For the Core Skills stream, the occupation has to be on the Core Skills Occupation List , and the version that counts is the one in force when the nomination is made – no…Am I eligible?
Do I need an English test for a 482 visa?Usually, yes, but it is not written into the Regulations as a fixed score.Am I eligible?
What English score do I need?The score is in the instrument, not in the Regulations, and it is not the same for every applicant.Am I eligible?
How many years of work experience do I need?Twelve months, and it does not have to be twelve months in a row.Am I eligible?
Does part-time or casual work count?Yes. The Regulations say the work may have been carried out on a full-time, part-time or casual basis.Am I eligible?
Do I need a skills assessment for a 482 visa?Not for every occupation.Am I eligible?
Is there an age limit for a 482 visa?No. Part 482 contains no age criterion at all.Am I eligible?
Do I need health insurance?Yes, and it is both a criterion and a condition.Am I eligible?
Can I apply for a 482 visa from within Australia?Yes. You may be in or outside Australia when the visa is granted – the only place you cannot be is in immigration clearance.Applying
How much does a 482 visa cost, and how long does it take?Both change, and both are published by the Department rather than fixed in the Regulations.Applying
Does my employer have to be an approved sponsor?Yes, for a standard 482.Applying
Who pays – me or my employer?Some costs are the employer's by law and cannot be passed to you.Applying
How long is a 482 visa granted for?Up to four years in most cases, and up to five years if you hold a Hong Kong passport.Once you hold the visa
What salary does the job have to pay?Two tests, and the higher one wins.Once you hold the visa
Can I bring my family?Yes. A member of your family unit can be granted a 482 on the secondary criteria, either by making a combined application with you or by being listed on the nomination.Once you hold the visa
Can I travel in and out of Australia?Yes. The 482 is a multiple-entry visa: it permits travel to and entry into Australia on multiple occasions during the visa period.Once you hold the visa
Can I study on a 482?The 482 carries no study condition.Once you hold the visa
Can I change employers on a 482 visa?Yes, but condition 8607 sets the boundaries and there is a clock.Once you hold the visa
What happens if I lose my job?The visa does not cease automatically, but the mobility period in condition 8607 starts running and the practical position is time-limited.Once you hold the visa
Can I work for another employer while I look for a new sponsor?Yes, but only within the mobility period.Once you hold the visa
Does a 482 lead to permanent residence?Not by itself. The 482 is a temporary visa.Where the 482 leads
How long do I have to work before I can go for the 186?For the Temporary Residence Transition stream the employer's nomination has to satisfy the qualifying employment rules in regulation 5.19, and those should be checked aga…Where the 482 leads
What happens if the nomination is refused?The nomination and the visa are separate decisions, and the visa cannot be granted unless the nomination has been approved and has not ceased.If something goes wrong
Can I appeal a 482 refusal?Sometimes. Whether a visa refusal is reviewable, and by whom, is set by legislation and depends on where you were when you applied and on the sponsorship position at the…If something goes wrong

Subclass 186

What are the requirements for a 186 visa?There are common criteria that everyone has to meet, then the requirements of whichever stream you are in.Am I eligible?
Which stream am I in?Three: Temporary Residence Transition , Direct Entry and Labour Agreement .Am I eligible?
Do I have to be under 45?At the time of application, yes, unless you are in a class of persons specified by the Minister in an instrument, or – in the Labour Agreement stream – the agreement itse…Am I eligible?
Do I need competent English?For the Temporary Residence Transition and Direct Entry streams, yes at the time of application, unless you are in a class specified by the Minister in an instrument.Am I eligible?
Do I need a skills assessment for a 186?For Direct Entry, generally yes.Am I eligible?
Temporary Residence Transition: how long do I have to have worked?Two years, inside the three years before you apply.Am I eligible?
I changed 482 employers. Does my earlier employment still count?It can. The two years is employment by an approved work sponsor in the occupation the visa was granted for, and the criteria do not require all of it to be with one busin…Am I eligible?
Direct Entry: how many years of work do I need?Three years. You must have been employed in the occupation for at least three years on a full-time basis and at the level of skill the occupation requires, unless you are…Am I eligible?
I hold a 491 or 494. Can I go straight to the 186?Not immediately. If you hold a regional provisional visa, or your last substantive visa was one, you must have held it for at least three years at the time of application…Am I eligible?
Does my employer need to be an approved sponsor?Not as a separate application.Am I eligible?
Can I apply for a 186 from within Australia?Yes. You may be in or outside Australia when the visa is granted, but not in immigration clearance.Applying
How long after the nomination is approved do I have to lodge?Six months, and it applies to Temporary Residence Transition and Direct Entry alike.Applying
What salary does the nomination have to meet?For subclass 186 nominations lodged 1 July 2026 to 30 June 2027, the Core Skills Income Threshold of AUD 79,423 applies.Applying
Can my family be included?Yes. A member of your family unit can be granted a 186 on the secondary criteria.Applying
Is the 186 permanent straight away?Yes. The 186 is a permanent visa from the day it is granted.Once you hold it
Are there conditions on a 186?Very few. If you are outside Australia when it is granted, a first entry date is specified, and condition 8515 may be imposed on a family member granted on the secondary…Once you hold it
Do I have to stay with the employer after the 186 is granted?No visa condition ties you to the nominating employer once the 186 is granted.Once you hold it
Can I change employer while my 186 application is pending?Not safely. The visa can only be granted while the nominated position is still available to you, so resigning before a decision generally ends the application.Once you hold it
What if the nomination is refused?The nomination and the visa are separate decisions and the visa cannot be granted unless the nomination has been approved and has not been withdrawn.If something goes wrong
What if I turn 45 before I apply?The age is tested at the time of application, so turning 45 before you lodge is decisive unless you fall within a class specified by the Minister in an instrument, or the…If something goes wrong

Subclass 494

What are the requirements for a 494 visa?Common criteria first: the public interest and special return criteria, an approved nomination that has not ceased, a genuine intention to perform the occupation and a ge…Am I eligible?
Which stream am I in?Two: Employer Sponsored and Labour Agreement .Am I eligible?
Do I have to be under 45?At the time of application, yes, unless circumstances specified by the Minister in an instrument apply.Am I eligible?
Do I need competent English?In the Employer Sponsored stream, yes at the time of application, unless specified circumstances apply.Am I eligible?
Do I need a skills assessment?In the Employer Sponsored stream, generally yes.Am I eligible?
How many years of experience do I need?Three years. At the time of application you must have been employed in the nominated occupation for at least three years on a full-time basis and at the level of skill th…Am I eligible?
What salary must the job pay?For subclass 494 nominations lodged 1 July 2026 to 30 June 2027, the Temporary Skilled Migration Income Threshold is AUD 79,423 .Am I eligible?
Does my employer need to be a standard business sponsor?For the Employer Sponsored stream, yes .Am I eligible?
What is the regional body’s role in a 494?A regional certifying body assesses whether the job pays the annual market salary rate, and gives that advice to the Department as part of your employer’s nomination.Am I eligible?
What counts as regional Australia for a 494?The Department’s current position is that designated regional areas include all of Australia except Sydney, Melbourne and Brisbane .The regional requirement
Is the Gold Coast regional for a 494?Yes, on the current settings.The regional requirement
Where do I have to live, work and study?Only in a designated regional area, for as long as condition 8579 applies.The regional requirement
Can I apply from within Australia?Yes. You may be in or outside Australia when the visa is granted, but not in immigration clearance.The regional requirement
Can my family come?Yes. Members of your family unit can be granted a 494 on the secondary criteria and their visa runs for five years from the date your visa was granted, not from theirs.The regional requirement
How long is a 494 granted for?Five years from the date of grant.Once you hold it
What conditions apply to a 494?Five, and all of them are mandatory on the primary visa.Once you hold it
Can I change employers on a 494?Yes, within the limits of condition 8608, and the new position still has to be in a designated regional area.Once you hold it
How do I get permanent residence from a 494?Through the subclass 191 , and you can generally apply once you have held the 494 for at least three years.Getting to permanent residence
Is there a minimum income requirement for the 191?No. The Department states plainly that there is no minimum income requirement for the subclass 191 Regional Provisional stream.Getting to permanent residence
Do I have to stay with the same employer for three years to get the 191?No. The 191 asks whether you held an eligible 491 or 494 for the required period, provided the Notices of Assessment and complied with the conditions of that visa.Getting to permanent residence
Does the 191 have to be decided before my 494 expires?No. What has to happen inside the life of the 494 is the application, not the decision.Getting to permanent residence
Can I apply for a partner visa or a 186 while I hold a 494?Not in the first three years, in most cases, and this catches people whose circumstances change.Getting to permanent residence
Do I have to stay in the region the whole time?Yes, while the regional condition applies to you.Getting to permanent residence
What if the nomination is refused?A nomination refusal is generally fatal to the visa application attached to it, because the visa cannot be granted unless the nomination has been approved under section 1…If something goes wrong

Partner & Family

Is it one application or two?One application, two decisions.Which partner visa applies?
We are engaged but not married yet. Is there a visa for that?The Prospective Marriage visa, subclass 300.Which partner visa applies?
Do we have to be married?No. The Act recognises both a spouse and a de facto partner , and the partner visas are open to either.Do we have to be married?
We have not been together 12 months. Is that the end of it?Not necessarily. The 12-month requirement does not apply where the relationship is registered under a State or Territory law prescribed for this purpose.What if we have not been together 12 months?
What does the Department consider?Four areas, set out in the Regulations: the financial aspects of the relationship; the nature of the household; the social aspects of the relationship; the nature of your…How do we prove the relationship?
How much evidence is enough?There is no prescribed number of documents.How do we prove the relationship?
Do we need a joint bank account?No. Nothing is compulsory simply because it is commonly used.How do we prove the relationship?
Can we rely only on Form 888 declarations?No. Statements from friends and family can support the social and overall relationship evidence, but they do not replace evidence about the couple's own financial arrange…How do we prove the relationship?
Do we have to be living together?Not always. The statutory definitions require that the couple live together, or do not live separately and apart on a permanent basis.How do we prove the relationship?
I am in Australia. Can I automatically apply for an 820/801 because my partner is Australian?No. The relationship is only one part of the assessment.Can I apply for a partner visa in Australia?
I hold a subclass 491 or 494 visa. Can I apply for an onshore partner visa?Not until you have held that visa for three years.Can I apply for a partner visa in Australia?
What does “section 48 barred” mean?Section 48 can apply to a person who is in Australia, does not hold a substantive visa, and since last entering Australia has had a visa application refused or a visa can…Can I apply for a partner visa if section 48 applies?
I had a Student or Visitor visa refused and now hold a bridging visa. Can I apply?Potentially. A Student, Visitor or other non-partner refusal after your last entry can cause section 48 to apply once you no longer hold a substantive visa.Can I apply for a partner visa if section 48 applies?
I previously had a partner visa refused. Can I lodge another 820/801 in Australia?Possibly not, and it turns on which visa was refused.Can I apply for a partner visa if section 48 applies?
Does leaving Australia on a Bridging Visa B reset section 48?No. The Act provides that a person who leaves and re-enters the migration zone while holding a bridging visa is taken to have been continuously in the migration zone for…Can I apply for a partner visa if section 48 applies?
What is Schedule 3, and how is it different from section 48?They are separate questions.What is Schedule 3, and when does it apply?
My visa expired more than 28 days ago. Does that mean I cannot apply?Not automatically, but it can make the application substantially more complex.What is Schedule 3, and when does it apply?
I am on a bridging visa. Does that always mean Schedule 3 applies?Generally yes, because a bridging visa is not a substantive visa.What is Schedule 3, and when does it apply?
My visa has condition 8503 “No Further Stay”. Can I still lodge?Not while the condition is in effect.What if my visa has a No Further Stay condition?
Work rights at a glanceThe first question is always which visa is currently in effect .Can I work while my partner visa is being processed?
Do I automatically get work rights when I lodge an onshore partner visa?Not immediately in every case.Can I work while my partner visa is being processed?
I lodged while holding a Visitor visa. Can I start working?Not merely because the partner application was lodged.Can I work while my partner visa is being processed?
I lodged while holding a Student visa. Do the study and work limits disappear?No. Student visa conditions continue to apply for as long as the Student visa remains in effect.Can I work while my partner visa is being processed?
I am section 48 affected. Will I still get a BVA with full work rights?Do not assume so. A person to whom section 48 applies may still be able to make a valid Partner (Residence) Class BS application, because that class is prescribed for sec…Can I work while my partner visa is being processed?
I have a Bridging Visa C. Can I work after lodging the partner visa?Not automatically. A BVC granted in the ordinary circumstances of an applicant who does not hold a substantive visa can be subject to condition 8101 – no work .Can I work while my partner visa is being processed?
I have a Bridging Visa E. Does lodging a partner visa give me work rights?No. Work rights are not automatic merely because a valid partner application has been lodged.Can I work while my partner visa is being processed?
What evidence is needed to ask for work rights on financial hardship?Where work rights depend on establishing financial hardship, the evidence should show the person's actual financial position.Can I work while my partner visa is being processed?
What work rights do I have once the subclass 820 is granted?The Regulations prescribe nil conditions for the subclass 820, so the visa itself contains no condition restricting work or study.Can I work while my partner visa is being processed?
Can I travel overseas while my 820 is being processed?If you are relying on a Bridging Visa A , that is not the visa used to leave Australia and return.Can I travel overseas while the application is being processed?
I have a Bridging Visa C or E. Can I get a Bridging Visa B to travel?Generally a Bridging Visa B applicant must currently hold a Bridging Visa A or Bridging Visa B.Can I travel overseas while the application is being processed?
Will leaving Australia cancel my partner visa application?Travelling while an onshore partner application is pending does not automatically mean the application is withdrawn, but the effect on your bridging visa and on your abil…Can I travel overseas while the application is being processed?
What is the difference between the 309 and the 820?The subclass 309/100 pathway is applied for while the applicant is outside Australia.What if we are applying from outside Australia?
Can I visit Australia while my 309 is being processed?Potentially, if you separately hold or obtain a visa that allows the visit.What if we are applying from outside Australia?
My partner has sponsored someone before. Can they sponsor me?Possibly. Regulation 1.20J imposes numerical and five-year limits on partner sponsorships.Who can sponsor a partner visa applicant?
My sponsor only recently became a permanent resident through their own partner visa.A previous partner permission granted to the proposed sponsor can engage the five-year sponsorship restriction.Who can sponsor a partner visa applicant?
My sponsor has a criminal record. Does that stop the partner visa?Not every conviction prevents sponsorship.Who can sponsor a partner visa applicant?
How long until permanent residence?Generally at least two years from the date the combined application was made.When is the permanent visa decided?
Do I need to lodge another visa application for the 801 or 100?The permanent stage forms part of the combined partner application, so a new ordinary partner visa application is not lodged and there is no second ordinary partner visa…When is the permanent visa decided?
What if I am granted another visa while waiting for the 801 or 100?Get advice before applying for or accepting another substantive visa.When is the permanent visa decided?
We married after lodging as de facto partners. Do we need to tell the Department?Yes. Changes in relationship status and other material circumstances should be updated with the Department.What if something changes after we lodge?
We had a baby after lodging. What should we do?Notify the Department and update the application with the child's details and supporting documents.What if something changes after we lodge?
Can I change sponsor after lodging?Generally, a new partner cannot simply be substituted into the existing partner visa application.What happens if the relationship ends?
What happens if our relationship ends before the permanent visa?Ordinarily the relevant criteria require the relationship with the sponsoring partner to continue.What happens if the relationship ends?
I am experiencing family violence. Do I have to stay with my sponsor?No. Australian partner visa law contains family-violence provisions so that an eligible applicant is not required to remain in a violent relationship solely because of th…What if I am experiencing family violence?
Does it matter if something in our history looks bad?False or misleading information, or bogus documents, can engage public interest criterion 4020.What happens if information in the application is wrong?
Our partner visa was refused. Can we go to the ART?Some partner visa refusals are reviewable by the Administrative Review Tribunal , but not every refusal carries the same review rights, and the person entitled to apply i…What if the partner visa is refused?

Skilled Migration

What is the difference between them?The 189 is independent – no nomination, no sponsor, permanent from grant.What is the difference between the 189, 190 and 491?
My visa has a No Further Stay condition. Does that stop a skilled visa?Not necessarily, and this is one of the few places where a No Further Stay condition has a way through that does not depend on hardship.What do all three visas require?
When is my eligibility measured?At the time of invitation.What do all three visas require?
What happens if I am over 45?In practice you are unlikely to be invited at all.What do all three visas require?
I already hold a 491 or a 494. Can I apply for a 189 or 190?Not immediately. If you hold, or last held, a 491 or 494, you must have held it for at least three years when you apply, unless the Minister has specified circumstances t…What do all three visas require?
What if my skills assessment or English test expired before I was invited?Then it was not in place when the law measures you, which goes to whether you met the criteria at all.When do I need a skills assessment?
Does competent English earn me points?No. Competent English is the threshold you have to meet to qualify at all.What English do I need?
How are points awarded?Points are prescribed in a Schedule with fourteen Parts.How are points awarded?
Can my partner's skills add points?Yes, there is a Part of the points test for partner qualifications.How are points awarded?
Can I just apply for a 189 or a 190?No. These are invitation-only visas.What is an Expression of Interest?
My State nomination was withdrawn. What does that do?It goes to whether the visa can be granted.What does State or Territory nomination do?
Who can sponsor me for a 491?Either a State or Territory government agency nominates you, or an eligible relative sponsors you.What does State or Territory nomination do?
Does more points always mean an invitation?No. Points get you into the pool and rank you within it.How are invitations issued?
What conditions come with a 491?Four conditions must be imposed.What conditions come with a subclass 491?
What does the 191 require?There is no points test, no invitation, no English requirement and no skills assessment at this stage.How does a 491 lead to permanent residence?
Is it just three years and then permanent residence?It is tighter than that.How does a 491 lead to permanent residence?
Is there a minimum income for the 191?No. The Regulations contain a taxable-income limb, but it is drafted entirely by reference to an amount specified in a legislative instrument, and it says the Minister ma…How does a 491 lead to permanent residence?
What conditions apply to a 191?None. The 191 is a permanent visa and the Regulations impose no conditions on it.How does a 491 lead to permanent residence?
My application was refused. Can I go to the Tribunal?Sometimes, and the decision letter is what tells you.What if my application is refused?

Visitor & Short Stay

What is the difference between a 600 and an eVisitor?The eVisitor is limited to holders of an eVisitor eligible passport, and it can only be granted while you are outside Australia.What is the difference between a subclass 600 and an eVisitor?
Can I work on a visitor visa?No. Condition 8101 prohibits work and it is mandatory on the Tourist and Sponsored Family streams.Can I work or study on a visitor visa?
Can I study while I am here?Up to three months. Condition 8201 caps study or training at that, and it is imposed on visitor and eVisitor visas.Can I work or study on a visitor visa?
Can I keep extending a visitor visa?Not indefinitely. A visitor visa cannot be granted if the grant would let you stay in Australia for more than 12 consecutive months on a combination of visitor visas, Wor…Can I keep extending a visitor visa?
My visitor visa has expired and I am still here.Applying onshore is much harder in that position.Can I apply for another visa if my current one has expired?
What is the subclass 400 for?Short, highly specialised, non-ongoing work.What is the subclass 400 Short Stay Specialist visa for?
How long does a 400 last?Six months after first entry is the ceiling, not an entitlement.What is the subclass 400 Short Stay Specialist visa for?
Can I do any work on a 400?Only the work the visa was granted for.What is the subclass 400 Short Stay Specialist visa for?
Can I perform or work on a production on a 400?No. The Highly Specialised Work stream excludes performing as an entertainer under a contract or for non-profit purposes, supporting entertainers, and taking part in film…What is the subclass 400 Short Stay Specialist visa for?
What does the 408 actually cover?A list of specified activities rather than a single purpose.What does the subclass 408 Temporary Activity visa cover?
How long can a 408 be granted for?It depends which clause you come in under.What does the subclass 408 Temporary Activity visa cover?
I am pursuing a claim against an employer who exploited me.There is a workplace justice clause in the 408, and a visa granted on that basis can run for up to four years.What does the subclass 408 Temporary Activity visa cover?
What else does the 408 require?Adequate health insurance for your stay, adequate means to support yourself, and that you do not already hold a permanent visa or a temporary visa the Minister has specif…What does the subclass 408 Temporary Activity visa cover?
What does No Further Stay prevent?Condition 8503 means that once you have entered Australia you are not entitled to be granted another substantive visa while you remain here.What if my visa has a No Further Stay condition?
Can condition 8503 be waived?Yes, and there is more than one route.What if my visa has a No Further Stay condition?
If 8503 is waived on the skilled route, can I then apply for anything?No. Where condition 8503 has been waived under that provision, an application for a substantive visa is valid only if it is for a General Skilled Migration visa, or a sub…What if my visa has a No Further Stay condition?
Does breaching a condition matter if nobody notices?It matters later. Two of these visas are decided partly on whether you complied substantially with the conditions on your last visa, so a breach follows you into the next…What happens if I breach a visa condition?
My application was refused. Can I go to the Tribunal?Often not. Visitor refusals are the area where review rights most often do not exist, so read the decision letter before assuming there is one.My visitor visa was refused. Can I go to the Tribunal?

Refusals & ART Review

My application has been refused. What do I do first?Read the letter and work out two dates: the date of the decision, and the day you are taken to have been notified of it.What should the refusal letter tell you?
Which date does the deadline run from?From the day you are notified , and the Act fixes that day rather than leaving it to when the letter was opened ( s.494C ).How long do I have to apply for review?
The letter went to my agent, not to me.If an authorised recipient has been named, the Department gives the document to that person, and doing so counts as giving it to you ( s.494D ).How long do I have to apply for review?
Can the time be extended if I have a good reason?No. The Tribunal’s general power to extend the period for applying is switched off for migration and protection decisions ( s.347(5) ), and the fee has to be paid as part…How long do I have to apply for review?
My letter says there is no right of review. Is that the end of it?Often it is. Not always, though: review rights turn on which subsection of s.338 your decision falls under, and some of the gateways depend on facts inside your own appli…Does my refusal carry a right of review?
I applied from outside Australia. Do I have anything?Sometimes. An offshore refusal is reviewable where the visa required a sponsor or nominator who is an Australian citizen, a permanent visa holder, an eligible New Zealand…Does my refusal carry a right of review?
I was refused. Is the review mine to lodge?For an onshore visa refusal, yes, and you must be in Australia when you make the review application ( s.347A(1)(a), s.347A(2) ).Who is entitled to apply for the review?
Our nomination was refused. Can the worker apply for the review?No. A decision under s.140GB(2) to refuse to approve a nomination is a reviewable decision ( reg 4.02(4)(d) ), and the person who may apply is the person who made the nom…Who is entitled to apply for the review?
The business was refused approval as a sponsor.That is a decision under s.140E and it is separately reviewable ( reg 4.02(4)(a) ).Who is entitled to apply for the review?
Why did we get more than one refusal letter?Because employer sponsorship is built as separate decisions.Sponsorship, nomination and the visa are three decisions.
The nomination was refused and the worker’s visa was refused too.Read them as two files with two deadlines.Sponsorship, nomination and the visa are three decisions.
What can the Tribunal do?It reviews the decision on the merits, which means it decides the matter again on the material before it ( s.348 ).What does the Tribunal do, and what does it cost?
What does it cost?A fee is prescribed by the Regulations and is payable as part of making the application, not afterwards ( s.347(2)(c) , reg 4.13(1) ).What does the Tribunal do, and what does it cost?
How long will it take?The Act sets no general period for deciding a migration review.What does the Tribunal do, and what does it cost?
Will there be a hearing?Usually, but not always.Will there be a hearing, or is it decided on the papers?
Can I ask for my review to be expedited?Yes, and in some cases you do not have to ask.Can I ask the Tribunal to deal with my case sooner?
What counts as exceptional circumstances?The Tribunal gives three examples of when it may be satisfied a review is urgent and it is appropriate to expedite it: expediting the review will result in a child under…Can I ask the Tribunal to deal with my case sooner?
How is the request made?The Tribunal sets a different route for each ground.Can I ask the Tribunal to deal with my case sooner?
Does asking change my deadline?No. Expedition is about how quickly a review that has already been made is dealt with.Can I ask the Tribunal to deal with my case sooner?
If we win the nomination review, does the worker get the visa?Not automatically. The Tribunal can set the nomination refusal aside and send it back, and it can order that the nomination is taken to have met a specified criterion for…If the Tribunal sends it back, do I get the visa?
Is there anything after the Tribunal?There is a request for Ministerial intervention.What is there after the Tribunal?
Can I appeal the Tribunal’s decision to a higher panel?Not within the Tribunal.What is there after the Tribunal?
What does No Worries Migration do at this stage?We answer requests for information and comment before a decision is made, we prepare and run merits review at the Administrative Review Tribunal, and we prepare Ministeri…What is there after the Tribunal?
The refusal was made under section 501.Then it is not a Part 5 review.Character refusals run on a different clock.
What is the 84-day rule?A section 501 review left undecided for 84 days is taken to be affirmed.Character refusals run on a different clock.
Can I just apply again?Offshore, generally yes.Can I just apply again after a refusal?
The refusal mentioned public interest criterion 4020.That is the bogus document and false or misleading information criterion.Exclusion periods and the integrity criteria.
I have been told there is a three-year exclusion.Two criteria do this.Exclusion periods and the integrity criteria.
What happens to my status while the review runs?Your status is decided separately from the review.What happens to my status while the review runs?

Visa Cancellation

Is a NOICC the same as a visa cancellation?No. A notice of intention to consider cancellation means the Department is considering whether to cancel and is giving you an opportunity to respond under the relevant pr…If you have received a notice
What should I do first if I receive a notice?Read the whole notice, identify the provision it names and check the response date.If you have received a notice
How long do I have to respond?There is no single period that safely covers every kind of cancellation notice.If you have received a notice
Can I ask for more time to respond?Where the period is a prescribed one, the Act allows the Minister to extend it by a prescribed further period, and the Regulations prescribe 5 working days.If you have received a notice
What if I do not respond?The decision can be made without you.If you have received a notice
Should I respond if I think the Department has it plainly wrong?Yes. If you have been invited to respond, the invitation is the opportunity to correct it.If you have received a notice
The notice does not say what information they are relying on.It is meant to. Section 120 requires the decision-maker to give you particulars of the relevant information: information that would be the reason or part of the reason fo…If you have received a notice
Should I send every document I have?No. A focused response is more useful than an unsorted bundle.If you have received a notice
Is there one cancellation power or several?Several, and which one is being used changes the procedure.The cancellation powers
What are the section 116 grounds?The main ones are that a fact the grant was based on no longer exists or never existed, that the holder has not complied with a condition of the visa, that another person…The cancellation powers
Can they be made to cancel, rather than choosing to?Yes. Both section 109 and section 116 say that where prescribed circumstances exist the Minister must cancel rather than may.The cancellation powers
Can the Department cancel my visa without warning?In some regimes prior notice is required and in others it is not.The cancellation powers
Can my visa be cancelled while I am outside Australia?Yes, and without notice first.The cancellation powers
Can a permanent visa be cancelled?Yes, under some provisions.The cancellation powers
Can the Department cancel my visa for breaching a visa condition?Breach of a condition is a ground under section 116.Conditions, work and study
Can my visa be cancelled for breaching work restrictions if I was being exploited?There is protection here, and it is in the Regulations rather than in policy.Conditions, work and study
Can my employer cancel my visa?No. Home Affairs puts it plainly: employers cannot cancel your visa, even if you have breached your visa conditions, and only the Department, including the Australian Bor…Conditions, work and study
Can my visa be cancelled because I stopped working for my sponsor?A change in sponsored employment can have consequences, but what they are depends on the subclass, the conditions attached, the sponsorship position and the power being c…Conditions, work and study
Can a student visa be cancelled?Yes. Student visas are exposed to the general grounds and to a student-specific one: a holder who is not, or is likely not to be, a genuine student, or who has engaged in…Conditions, work and study
Can the Department cancel my visa for giving incorrect information?Potentially. Sections 101 to 109 set out the obligations about information and documents and the procedure that can follow non-compliance.Conditions, work and study
What if the wrong information was an honest mistake?The circumstances in which it was given are one of the prescribed matters, so it is relevant.Conditions, work and study
What is mandatory cancellation under section 501?The Minister must cancel where two things are both true: the person does not pass the character test because of a substantial criminal record or a sexually based offence…Character cancellation
What counts as a substantial criminal record?It is defined. It includes a sentence of imprisonment for 12 months or more, and two or more sentences where the total is 12 months or more.Character cancellation
What happens after a mandatory cancellation?Revocation. The person must be given written notice and the particulars of the relevant information, and invited to make representations about revoking the decision.Character cancellation
What is Direction no. 110?A direction given under section 499 of the Act, commenced on 21 June 2024, which revoked Direction no.Character cancellation
Will I become unlawful straight away?Possibly, if no other visa is in effect.After a cancellation
Can I work after my visa is cancelled?Your work rights come from the visa that is in effect after the cancellation and the conditions on that visa.After a cancellation
What happens to my bridging visa if another visa is cancelled?Do not assume a bridging visa will hold your status.After a cancellation
Can I apply for another visa after a cancellation?Sometimes. Section 48 and other bars can restrict what may be applied for in Australia after certain cancellations, and exclusion periods or other criteria may apply as w…After a cancellation
Does section 48 apply after every cancellation?No. It is technical. It depends on the person being in the migration zone without a substantive visa, and on the cancellation having been made under one of the provisions…After a cancellation
Can I apply for a partner visa after my visa is cancelled?Possibly. Partner classes are among those prescribed for section 48 purposes, which is why they come up.After a cancellation
What happens to my family if my visa is cancelled?Where the cancellation is under section 109, 116, 128, 133A, 133C or 137J, a visa held by another person because of being a member of your family unit is also cancelled.After a cancellation
Does a cancellation create a three-year ban?Not automatically, and not always three years.After a cancellation
Will a cancellation affect future visa applications?It can. Later applications ask about previous cancellations and about compliance with the conditions of previous visas, and a cancellation can engage section 48, exclusio…After a cancellation
Can I just ask for my own visa to be cancelled?Not without checking the consequences first.After a cancellation
Can I ask the Tribunal to review a cancellation?Some cancellation decisions can be reviewed by the Administrative Review Tribunal and some cannot.Review and representation
How long do I have to apply to the Tribunal?Use the period stated in the decision letter.Review and representation
Can the Tribunal give me more time if I miss the deadline?For a migration review application the Tribunal states that it has no power to extend the statutory time limit.Review and representation
Is a mandatory character cancellation reviewed by the Tribunal?Not in the same way. The statutory revocation process under section 501CA comes first.Review and representation
Can No Worries Migration represent me at the Tribunal?Yes, within a registered migration agent’s authorised scope.Review and representation