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How to Become an Australian Permanent Resident

How to become an Australian Permanent Resident is a significant milestone for many individuals seeking to permanently live, work, and enjoy the benefits of residing in one of the world’s most desirable countries.

Australia offers various pathways to permanent residency, each with its own set of eligibility requirements.

There are pathways to permanent residency visas, each catering to different circumstances depending on each applicant. 

We provide an overview of the Australian permanent residency requirements and the various visa subclasses.

Employment and Skilled Migration Visas

Subclass 186 Employer Nomination Scheme (ENS) visa is a pathway to permanent residency in Australia for skilled workers who are nominated by their Australian employer.

There are 3 streams to the Employer Nomination Scheme Permanent Residency Australia visa Subclass 186.

Temporary Residence Transition (TRT) Stream

For individuals who have worked for their nominating employer on a Subclass 482 Temporary Skill Shortage visa for at least two years.

Direct Entry Stream (DE) Stream

For applicants who do not hold a Subclass 482 or have not worked with their nominating employer for at least two years on the Subclass 482, this stream is suitable for those applying directly from overseas or those who are not eligible for the TRT stream, making it an option for individuals seeking Australian PR.

Eligibility requirements for the Subclass 186 visa TRT and DE Streams

• Must be nominated by an Australian business/employer
• Must have an occupation that is on a specified list of occupations
• Must obtain a positive skills assessment in the occupation (for the Direct Entry stream only)
• Meet the age, English language, qualifications and relevant employment experience requirements

Agreement Stream

For those nominated by an employer through a Labour Agreement

Subclass 189 – Skilled Independent Visa

The Subclass 189 Skilled Independent Visa allows skilled workers to live and work in Australia without employer sponsorship.

• Must have an occupation that is on a specified occupations list by the Department
• Must obtain a positive skills assessment in the occupation 
• Meet the points test (65 points or more).
• Meet the age, and English language requirements
• Submit an Expression of Interest (EOI) through SkillSelect.
• Be invited by the Department to apply for the visa
• Lodge a visa application within the specified timeframe.

Subclass 190 – Skilled Nominated Visa

In addition to the eligibility requirements above, applicants for the Subclass 190 visa must be nominated by an Australian state or territory government.

Family Sponsored Visas

Family Sponsored Visas provide pathways for partners and parents to join their loved ones in Australia, with specific eligibility criteria.

Partner Visa – Onshore Subclass 820/801 or Offshore Subclass 309/100

The Partner Visa allows partners of Australian citizens or permanent residents to live in Australia with a Permanent Resident Visa, meeting specific relationship criteria.

Eligibility requirements:

• Must be in a genuine and ongoing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
• Can either be in a de facto or de jure relationship with the Australian sponsor
• Must apply for the temporary partner visa first, and then the permanent partner visa.

Subclass 143 – Contributory Parent Visa

The Subclass 143 Contributory Parent Visa allows parents to permanently live in Australia, sponsored by their settled child.

Eligibility requirements:

• Must be sponsored by a child who is a settled Australian citizen or Australian permanent resident
• Must meet the balance of family test
• Pay the significant contribution charge

Becoming an Australian Permanent Resident can involve canvassing a range of Permanent Visa Australia options and meeting specific eligibility criteria. Whether you are a skilled worker or a family member, meeting the requirements is crucial to achieving your goal.

Personalised advice and guidance from an immigration lawyer or a registered migration agent is essential when learning how to become an Australian Permanent Resident, especially given the complexities and frequent changes in Australian immigration law and policy guidelines. For expert assistance, Longton Migration offers professional services to help navigate the process smoothly.

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

How to Appeal an Australian Tourist Visa Refusal

Australia’s stunning landscapes draw tourists from around the globe, but the Department of Home Affairs remains cautious about potential visa misuse, such as working illegally on a tourist visa. How to Appeal an Australian Tourist Visa Refusal becomes a vital concern, as even genuine applicants wanting to visit for leisure or to see family and friends may face visa refusals due to this overzealous application of law and policy.

Why Was Your Visa Refused?

Before delving into the appeal process, it is crucial to understand the reasons behind your visa refusal. The Australia tourist visa rejection rate highlights common issues that applicants face. A visa application can be declined for various reasons, including:

• Incomplete or Incorrect Information: Providing incomplete or inaccurate details in your application can lead to refusal.
• Failure to Meet Eligibility Criteria: Not satisfying the specific eligibility requirements for the visa category you have applied for.
• Submitting Fraudulent, False, or Misleading Information: Providing deceitful or misleading information in your application is a common reason for visa refusal.
• Lack of Necessary Supporting Documents: Failing to supply all the required supporting documentation for your visa application.

Not Meeting Health or Character Requirements: Inability to meet the health standards or character assessments mandated for the visa.

What Are My Options If I Receive a Visa Refusal

If you receive a visa refusal, you generally have two options:

Appeal the Visa Refusal Decision to a Tribunal or Relevant Court

Visa appeals are most commonly lodged with the Administrative Appeals Tribunal (AAT). You can read more about this process on our Administrative Appeals Tribunal page.

Some visa refusal decisions are appealed to the courts instead. For example, when the Minister for Immigration personally decides to refuse a visa based on character grounds. You can read more about this process on our Court Appeals page.

It is important to seek immigration advice from a lawyer before lodging your visa appeal to determine if you have a chance of being successful. In some cases, a visa appeal cannot succeed because certain visa criteria have not been met.

Apply for a New Visa

In some circumstances, considering the Australian tourist visa rejection rate, the best course of action is to apply for a new visa. This may be the case if your visa appeal is unlikely to succeed or if it will be quicker or cheaper to lodge a new visa application. To apply for a new visa, you need to meet the requirements of that visa and not be subject to any visa bars.

Our migration lawyers can advise you on the best migration strategy based on your circumstances to achieve visa approval, especially if you have received a visa refusal. It is also important to act quickly, as there are strict deadlines for appealing a visa refusal.

Under What Circumstances Can You Appeal?

After refusal of Australian tourist visa, the next steps depend on your specific situation:

• Onshore Applications: If you lodged your visitor visa application while in Australia, you can appeal the decision through the Administrative Appeals Tribunal (AAT).
• Sponsored Applications: If an Australian citizen or permanent resident sponsored your visitor visa, the sponsor can appeal the decision. The sponsor must submit the appeal within 21 days of the refusal.
• Offshore Applications: If you lodged your application offshore and were not sponsored by an Australian citizen or permanent resident, you cannot appeal. In this case, reapplying with stronger supporting documents is the best option.

How Long Will the Appeal Take?

If your visitor visa is refused and you have the right to a review, the process may take the following amount of time:

• 50% of visitor visa appeals are resolved within 382 days.
• 95% of visitor visa appeals are resolved within 482 days.

How Much Will the Appeal Cost?

Are you sitting down? Proving your point at the Tribunal will currently cost you a cool $3,496!

What Should You Do to Prepare for the AAT Appeals Process?

To succeed in your AAT appeal, you need to demonstrate the following:

• Purpose: Clearly explain the reason for your visit (tourism, family, or business).
• Ties: Prove strong ties to your home country (employment, family, property).
• Financials: Show that you have sufficient funds to cover your stay.
• Travel History: Provide evidence of compliance with previous visas (if applicable).
• Return Plans: Include proof of return flights and commitments that will bring you back home.
• Compelling and Compassionate Reasons: Highlight compelling or compassionate reasons that could impact Australia’s interests.

Conclusion

You may want to visit your loved ones in Australia or have genuine and compelling reasons to extend your visitor visa. Unfortunately, you’ve fallen victim to the Department of Home Affairs’ hypervigilance. They rejected your visitor visa application based on the unreasonable assumption that you intend to misuse it. 

In such a situation, knowing how to appeal an Australian tourist visa refusal is essential. You need to call us – Longton Migration and Education Advisors because justice won’t dispense itself!

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

How to Create ImmiAccount: Your Comprehensive Guide

Are you planning to visit or move to Australia? One of the first and most crucial steps in your journey is learning how to create ImmiAccount. This essential online platform is your key to managing Australian visa applications efficiently and effectively.
In this comprehensive guide, we’ll walk you through the process of setting up and using your ImmiAccount, ensuring you’re well-prepared for your Australian adventure.

What Is an ImmiAccount and Why Do You Need One?

Before we dive into the details of how to create ImmiAccount, let’s understand what it is and why it’s crucial for your Australian visa application process.
An ImmiAccount is an online portal provided by the Australian Department of Home Affairs. It serves as a centralised hub for managing all aspects of your visa application. Here’s why you need one:

• Online Application Submission: ImmiAccount allows you to submit your visa applications electronically, saving time and reducing paperwork.
• Real-Time Tracking: You can monitor the progress of your application in real-time, giving you peace of mind throughout the process.
• Direct Communication: The platform facilitates direct communication with the Department of Home Affairs, ensuring you never miss important updates.
• Document Upload: Easily upload supporting documents for your application, eliminating the need for physical paperwork.
• Secure Payments: Make visa-related payments securely through the platform, avoiding potential issues with international transactions.
• Access to Tools: ImmiAccount provides access to helpful tools like Visa Finder, MyHealth declarations, and pricing estimators, making your application process smoother.

While paper applications are still accepted, creating an ImmiAccount Australia streamlines the entire process, making it faster, more convenient, and more efficient. It’s the preferred method for most applicants and is highly recommended by the Australian government.

Types of ImmiAccounts: Choosing the Right One for Your Needs

Before you learn how to create ImmiAccount, it’s important to understand the different types available. There are two main categories:

1. Individual Account: This is the most common type for personal visa applications. If you’re applying for a visa yourself or helping a family member, this is the account you’ll need. It’s suitable for:
   • Tourist visas
   • Student visas
   • Work visas
   • Partner visas
   • Skilled migration visas
2. Organisation Account: These are used by migration agencies, law firms, and other organisations that manage visa applications on behalf of clients. This type of account is suitable for:
   • Registered migration agents
   • Legal firms specialising in immigration
   • Educational institutions sponsoring international students
   • Businesses sponsoring overseas workers

For most individuals applying for an Australian visa, an individual ImmiAccount is the appropriate choice. It provides all the necessary features for personal applications while maintaining a user-friendly interface.

How to Create ImmiAccount: A Step-by-Step Guide

Now that you understand the importance of an ImmiAccount and have determined which type you need, let’s walk through the process of creating one. Follow these simple steps to set up your account:

Step 1: Initiate the Process

1. Visit the official ‘Create an ImmiAccount‘ page on the Department of Home Affairs website.
2. Enter your email address in the provided field. Make sure to use an email address you check regularly, as this will be your primary point of contact.
3. You’ll receive a verification code via email. Be prepared to access your email quickly to retrieve this code.

Step 2: Verify Your Email and Provide Personal Details

1. Enter the verification code you received in your email. This step ensures that you have access to the email address you provided.
2. If you don’t see the code, check your spam folder or request a new one. It’s crucial to complete this step to proceed with your account creation.
3. Once verified, you’ll be prompted to enter your personal information. Ensure these details match exactly what’s on your passport. This includes:
   • Full name
   • Date of birth
   • Passport number
   • Nationality
4. When asked for account type, select ‘individual account’ if you’re applying for yourself or a family member.

Step 3: Set Up Security Measures

1. Create a strong, memorable password for your account. Use a combination of upper and lowercase letters, numbers, and special characters.
2. Set up security questions. Choose questions and answers that are easy for you to remember but difficult for others to guess. These will be used to verify your identity if you ever need to recover your account.
3. You have the option to enable notifications for unusual account activity, which is recommended for added security. This can help protect your account from unauthorised access.

Step 4: Finalise Your Account

1. Review the terms and conditions carefully. These outline your responsibilities and the rules for using the ImmiAccount system.
2. Tick the box to agree to these terms and to confirm you’re not a robot. This helps prevent automated account creation.
3. Click the ‘Create Account’ button to complete the process.
4. You’ll receive a confirmation email with a link. Click this link to activate your new ImmiAccount.

Congratulations! You’ve now successfully learned how to create ImmiAccount and have set up your account. You’re one step closer to your Australian journey.

Exploring Your ImmiAccount Dashboard

After creating your ImmiAccount, you’ll be greeted by the dashboard. This is your central hub for managing all aspects of your visa application. Here’s what you can expect to find and how to navigate it effectively:

• Application Overview: A list of all your current visa applications, including those of family members included in your application. You can see the status of each application at a glance.
• Organisation Tools: Options to sort and filter your applications for easy management. This is particularly useful if you’re managing multiple applications.
• Payment Portal: A secure area for making visa-related payments without hidden fees. You can pay application fees, additional applicant charges, and other related costs here.
• Notification Centre: Alerts for missing documents or additional requirements. Check this regularly to ensure you’re not missing any important updates.
• Support Section: Contact information and support options if you need assistance. This includes FAQs and ways to get in touch with the Department of Home Affairs.
• Document Upload Area: A dedicated section for uploading supporting documents for your application.
• Personal Information Section: Here, you can update your personal details if anything changes during the application process.

Take some time to familiarise yourself with the dashboard layout. Understanding where everything is located will make managing your application much easier.

The Role of ImmiAccount in Your Australian Visa Application

Your ImmiAccount plays a crucial role throughout your visa application journey. Here’s a more detailed look at how you’ll use it:

1. Submitting Applications: Whether you’re applying for a temporary stay or permanent residency, you’ll submit your application through your ImmiAccount. The system will guide you through the process, ensuring you provide all necessary information.
2. Document Management: Upload supporting documents, update personal details, and provide additional information as requested. The system accepts various file formats, making it easy to submit everything from scanned documents to digital photographs.
3. Status Tracking: Monitor the real-time status of your application. You’ll be able to see when your application is received, when it’s being assessed, and when a decision has been made.
4. Visa Conditions: Once your visa is granted, you can access specific conditions attached to your visa through your ImmiAccount. This ensures you’re always aware of your obligations as a visa holder.
5. Communication Hub: Receive important notifications and updates about your application via email and your account. This two-way communication channel allows you to respond promptly to any requests from the Department.
6. Manage Multiple Applications: If you’re applying for visas for family members or planning to transition from one visa to another, you can manage all of these applications from a single ImmiAccount.
7. Access to Support: If you encounter any issues or have questions during the application process, you can access support resources directly through your ImmiAccount.

Recovering Your ImmiAccount Login Details

Even the most organised applicants can sometimes forget their login to ImmiAccount. If you find yourself in this situation, don’t worry. Check how to recover it below:

Recovering Your Username

1. Visit the username recovery page on the Department of Home Affairs website.
2. Enter the email address associated with your account.
3. You’ll receive an email listing all usernames linked to that address. This is helpful if you’ve created multiple accounts.
4. Check your spam folder if you don’t see the email immediately.

Resetting Your Password

1. Go to the password reset page on the official website.
2. Enter your username. If you’ve forgotten this too, recover it first using the steps above.
3. You’ll receive an email with a link to reset your password. This link is usually valid for a limited time, so act promptly.
4. Answer the security question you set up when creating your account. This extra layer of security ensures that only you can reset your password.
5. Create a new password. Make sure it’s strong and unique to maintain the security of your account.

If you’ve forgotten both your username and password, start by recovering your username, then follow the password reset process. In case you’re unable to recover your account using these methods, you may need to contact the Department of Home Affairs directly for assistance.

Managing Your Application After Submission

Your ImmiAccount remains valuable even after you’ve submitted your visa application. Here’s a more detailed look at what you can do:

• Check Messages: Regularly look for communications from the Department of Home Affairs. These could include requests for additional information or updates on your application status.
• Respond to Requests: Provide additional documents or information as required. Prompt responses can help speed up the processing of your application.
• Update Information: Keep your personal details current. If you change your address, phone number, or other contact details, update these in your ImmiAccount immediately.
• Correct Mistakes: If you realise you’ve made an error in your application, you can often correct it through your ImmiAccount. However, for significant changes, you may need to contact the Department directly.
• Track Progress: Monitor the status of your application. This can help you understand where you are in the process and estimate how much longer you may need to wait.
• Submit Additional Documents: If you receive new information or documents that strengthen your case, you can often add these to your application through your ImmiAccount.
• Withdraw Application: If your circumstances change and you no longer wish to proceed with your application, you can withdraw it through your account.

Uploading Documents to Your ImmiAccount

Document upload is a crucial feature of your ImmiAccount. Here’s a detailed guide on how to use it effectively:

1. Log into your ImmiAccount and navigate to your application.
2. Look for the ‘Attach documents’ section.
3. Select the relevant person under ‘Attach documents’. This is important if you’re applying for multiple people.
4. Choose the reason for attaching the document (e.g., ‘Proof of Address‘, ‘Work Experience Evidence‘).
5. Select the document type from the dropdown menu. If your document doesn’t fit any of the categories, you can usually select ‘Other Documents’.
6. Click ‘Browse’ to select the file from your computer. Make sure your document is in an acceptable format (usually PDF, JPEG, or PNG) and doesn’t exceed the size limit.
7. Click ‘Attach’ to upload the document.
8. A green checkmark will appear to confirm successful upload.
9. Repeat this process for all required documents.

Uploading a Passport Photo

Passport photos have specific requirements. Here’s how to upload one correctly:

1. Choose the person the photo is for under ‘Attach documents’.
2. Select ‘Photograph – Passport’ as the reason.
3. Browse and select your photo file (must be in jpg format).
4. Adjust the photo to fit within the frame provided. Ensure it meets the official requirements for Australian passport photos.
5. Confirm the upload.
6. Check that the photo appears correctly in your application.

Tips for Effective ImmiAccount Management

To make the most of your ImmiAccount and ensure a smooth visa application process, consider these additional tips:

1. Regular Check-ins: Log into your ImmiAccount regularly, even if you haven’t received any notifications. Sometimes updates may not trigger an email alert.
2. Organised Document Management: Keep all your documents organised on your computer before uploading. Use clear, descriptive file names to make the upload process easier.
3. Secure Access: Always log out of your ImmiAccount when you’re finished, especially if you’re using a shared computer.
4. Browser Compatibility: Use a modern, up-to-date web browser to ensure all features of ImmiAccount work correctly.
5. Save as You Go: If you’re filling out a lengthy application, save your progress regularly to avoid losing information.
6. Prepare Documents in Advance: Have all necessary documents ready before you start your application. This can speed up the process significantly and help ensure a quicker visa approval.
7. Use the Help Resources: If you’re unsure about any part of the process, use the help resources available within ImmiAccount before submitting your application.

Mastering Your ImmiAccount for a Smooth Visa Application Process

Learning how to create ImmiAccount is just the beginning of your Australian visa journey. This powerful tool simplifies the application process, keeps you informed, and ensures you’re always in control. By mastering your ImmiAccount, you’re setting yourself up for a smoother, more efficient visa application experience.
Remember, your ImmiAccount is your personal gateway to Australia – use it wisely, keep it updated, and let it guide you through each step of your visa application. With patience, attention to detail, and proper use of your ImmiAccount, you’ll be well on your way to realising your Australian dreams.

Your Next Steps: Professional Assistance for Your Australian Visa Journey

Mastered how to create ImmiAccount but need help with your visa application? Longton Migration specialises in Australian visas. Our experts guide you from ImmiAccount setup to visa grant. Don’t navigate alone—contact Longton Migration today for professional assistance with your Australian dream.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

How to Apply for Bridging Visa B: Simple Steps

Applying for a Bridging Visa B (BVB) allows you to leave and return to Australia while your visa application is being processed. If you’re planning to travel temporarily, knowing how to apply for  Bridging Visa B is essential. 

In this guide, we’ll walk you through the simple steps to apply, including important details on eligibility, application fees, and required documents. Follow these straightforward instructions to ensure your travel plans don’t disrupt your visa application

How to Apply for Bridging Visa B Online

The most efficient way to apply for a BVB is through your ImmiAccount. Here’s a step-by-step guide on how to apply for Bridging Visa B online:

1. Log in to your ImmiAccount
2. Navigate to the ‘My Applications’ summary page
3. Locate the reference number of the application you wish to update
4. Click on ‘Update us’
5. Select ‘Application for Bridging visa’ from the available options

It’s worth noting that if you’re outside Australia, neither an online nor a paper bridging visa application will be accepted. Ensure you’re within the country when applying.

Applying for Permission to Travel Outside Australia

When you’re ready to apply for your BVB, follow these steps to seek permission for travel:

1. Select ‘To seek permission to travel outside Australia’
2. Click ‘Next’ to proceed
3. On the following screen, select ‘Add’
4. Complete your details on the ‘Applicant details’ page
5. Click ‘Confirm’ to return to the previous screen
6. Repeat this process for any additional applicants
7. Once all applicants are added, select ‘Next’ to continue

Important Considerations Before Applying

Before submitting your application, there are several crucial steps to take:

1. Update your address: Ensure your contact details are current so the Department can reach you regarding your main visa application while you’re abroad.
2. Complete health and character declarations: These sections must be filled out before submission.
3. Provide supporting evidence: Attach relevant documents such as your travel itinerary or other reasons for your trip.

Attaching Documents

To attach necessary documents:

1. Click ‘Attach document’
2. Choose the ‘Document type’ from the dropdown menu
3. Add a description
4. Click ‘Browse…’ to select your file, then click ‘Add attachment’
5. Repeat for any additional documents

Paying the Application Fee

After completing your application, you’ll need to pay the relevant fee. Here’s how to apply for a Bridging Visa B fee payment:

1. On the ‘Make a payment’ screen, fill in your payment details
2. Click ‘Submit’
3. A confirmation popup will appear. Confirm your payment by selecting ‘Submit’ again
4. After the payment is processed, you’ll see the ‘Payment confirmation’ screen

With the payment complete, you’ve successfully submitted your Bridging Visa B application. Click ‘Next’ to finish the process.

Viewing Your Application Status

After submission, you may want to check on the status of your visa application. Here’s how:

1. Go to the ‘View application status’ screen
2. Select ‘Update us’ to see a list of updates
3. Saved but unsubmitted applications will appear as ‘Incomplete’
4. Submitted applications will be marked as ‘Submitted’, regardless of whether they are pending or already reviewed

For finalised applications, you’ll receive a notification in your ‘View application mailbox’, where you can check all correspondence from the Department, including updates and final decisions regarding your Bridging Visa application.

Applying for a Bridging Visa B Through ImmiAccount

If you’re wondering how to apply for Bridging Visa B through ImmiAccount, the process is straightforward:

1. Log in to your ImmiAccount
2. Navigate to the ‘My Applications’ page
3. Find the application you want to update
4. Click on ‘Update us’
5. Select ‘Application for Bridging visa’
6. Choose ‘To seek permission to travel outside Australia’
7. Follow the prompts to complete your application

Remember, applying for a Bridging Visa B online through ImmiAccount is typically the fastest and most efficient method.

Other Reasons for Applying for a Bridging Visa

While travel is the primary reason for applying for a BVB, there may be other circumstances where you need to apply for a bridging visa. In such cases:

1. Select ‘Other reasons’
2. Click ‘Next’ to proceed
3. On the next screen, click ‘Add’ to input the applicant’s details
4. Provide the specific reason you’re applying for a Bridging Visa
5. Once completed, select ‘Confirm’
6. Review the summary of your application
7. If there are multiple applicants, repeat the process for each
8. Click ‘Next’ to continue

Replacing a Ceased Bridging Visa

If your Bridging Visa has expired, you can apply for a replacement. Here’s how:

1. Select ‘To replace a ceased Bridging visa‘
2. On the ‘Request for replacement of ceased Bridging visa’ screen, click ‘Add’ to include the applicant
3. Provide the reason for replacing your Bridging Visa
4. Once you’ve filled in the details, click ‘Confirm’
5. Review the summary of the application on the next screen
6. If there are multiple applicants, repeat the process for each
7. Click ‘Next’ to move forward

Applying for Permission to Work

If you’re holding a Bridging Visa A or C and need permission to work, follow these steps:

1. Select ‘To seek permission to work’
2. Click ‘Next’ to proceed
3. On the ‘Request for permission to work’ screen, add the applicant’s details
4. Answer whether any applicants are seeking permission due to financial hardship
5. If yes, fill out the extra fields that appear
6. If no, provide supporting details in the text box
7. Once everything’s filled in, click ‘Next’ to continue

Your Bridging Visa B Roadmap: Final Pit Stop

Applying for a Bridging Visa B is a crucial step for those needing to travel while their visa application is being processed. However, if you fail to meet specific requirements, your visa could be refused. By following this comprehensive guide, you can navigate the application process with confidence.

Remember to keep your details up to date, provide all necessary documentation, and pay close attention to each step of the application. With careful preparation and attention to detail, you can ensure a smooth application process for your Bridging Visa B.

Need expert assistance with your Bridging Visa B application? Look no further than Longton Migration. Our experienced team can guide you through every step of the process, ensuring your application is accurate and complete. Don’t risk your travel plans or visa status—contact Longton Migration today for professional, reliable support on how to apply for Bridging Visa B.

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

Student Visa Refusal Australia: Key Reasons Explained

This year, the refusal rate for student visa refusal Australia has increased, particularly for applicants from South Asian countries. Students with genuine intentions to pursue further education, attracted by the world-class standards of Australian institutions, are understandably anxious about their student visa applications.

Statistically speaking, the approval rate for student visas remains high for university or postgraduate courses. According to data from the Australian Department of Home Affairs, the approval rate for these categories typically exceeds 95%. However, the approval rate for student visas for language or vocational education courses (such as TAFE) is significantly lower, sometimes falling below 50%.

Therefore, if an applicant is applying for a university degree or progressing from undergraduate to postgraduate studies or from postgraduate to a PhD, the refusal rate is generally low. 

Conversely, suppose an applicant has already completed an undergraduate or postgraduate degree but suddenly expresses interest in vocational courses and applies for a student visa for vocational education. Or, the applicant directly applies for a visa linked to a vocational education program from overseas.  In that case, the Department of Home Affairs may question their motivation. They may suspect that the application aims to extend the applicant’s stay in Australia or that the student visa is being misused for another purpose. In such cases, the refusal rate tends to be higher.

We cannot overlook the possibility that applicants who have already completed higher education qualifications may still choose to pursue vocational education due to personal passions or strategic plans for immigrating to Australia. It is acceptable to study vocational courses as part of a straightforward career path and facilitate immigration, as long as the student visa is not used for purposes that violate Australian laws. Unfortunately, even in such cases, the refusal rate may still be high.

The Genuine Temporary Entrant (GTE) Requirement

One of the key criteria assessed by the aus student visa application process is the Genuine Temporary Entrant (GTE) requirement. This criterion ensures that the student genuinely intends to stay in Australia temporarily for the purpose of study and will return home after completing their course.

To meet the GTE requirement, applicants should:

• Demonstrate Strong Ties to Their Home Country: This includes family connections, employment prospects, or property ownership.
• Provide a Clear Study Plan: Show logical progression in their academic or professional career.
• Explain Any Gaps: Account for any breaks in education or employment history.

Health and Character Requirements

Applicants must meet certain health and character standards to be granted a student visa Australia. This involves undergoing health examinations and providing police certificates. Factors that might affect these assessments include previous criminal records or health conditions that pose a public health risk. This is a main requirement for student visa refusal Australia.

Common Reasons for student visa refusal Australia

• Incomplete Documentation: Failing to submit all required documents or not providing certified translations can lead to refusal.
• Financial Misrepresentation: Providing false financial information or insufficient proof of funds can result in a visa being denied.
• Inconsistent Information: Discrepancies across application materials, such as personal statements and supporting documents, can raise red flags.

Financial Requirements in Detail

Applicants applying for an au student visa need to prove they have sufficient funds to cover tuition fees, living expenses, and travel costs.

Acceptable forms of financial evidence include:

• Bank statements showing savings history.
• Loan documents from a financial institution.
• Scholarship letters.

English Language Proficiency

Proficiency in English is essential for obtaining a student visa to Australia. Accepted tests include IELTS, TOEFL, and PTE Academic. The minimum score requirements vary depending on the course and institution.

What to Do After a Visa Refusal?

1. Offshore Applicants

If the applicant’s visa application is refused while they are offshore, they can reapply. When reapplying, the applicant must demonstrate that they are a genuine student by providing the following supporting documents:

• Proof of living expenses: For example, the student or guardian needs to provide proof of AUD 24,505 in funds.
• Personal circumstances: Including ties to family, community, employment, and financial status.
• Reasons for choosing the course and institution: Explain why they chose to study this course in Australia and demonstrate an understanding of the course and life in Australia.
• Future impact of the course: Explaining how completing the course will positively impact the applicant’s future development.
• English language proficiency
• Other relevant documents

2. Onshore Applicants

If the applicant’s student visa application is refused while they are in Australia, they will be subject to Section 48 (S48 bar). This section restricts the applicant from applying for most visas while onshore, leaving the option to appeal to the Administrative Appeals Tribunal (AAT).

Approximately 95% of appeals take nearly two years before a hearing is scheduled. During this period, the applicant is usually granted a Bridging Visa A, allowing them to remain in Australia legally and continue studying. 

Whether they are allowed to work depends on the work conditions of their previous visa (usually no more than 48 hours per fortnight). It is a complicated question that may require detailed analysis according to a specific case. 

For the hearing, the applicant still needs to prove that they are genuine students by providing evidence mentioned in the above section. In addition, they might need to add evidence that they have attended their schools (Academic transcripts, Receipts for tuition fees, etc).  

Options Under Section 48 Bar

While under the Section 48 bar, applicants have limited visa options. However, they may consider:

• Partner Visas: If eligible, applying for a partner visa can be a pathway.
• Bridging Visas: To maintain legal status while awaiting the outcome of an appeal.

Strategies to Strengthen Applications 

• Personal Statement: Write a compelling Statement of Purpose (SOP) that clearly outlines study intentions and career goals.
• Academic Progression: Choose courses that show logical academic progression.
• Professional Assistance: Seek advice from registered migration agents or education consultants.

Support Services for Students 

• Resources: Organisations such as legal aid services and student unions offer assistance to international students facing visa issues.
• Counselling: Access counselling services to help cope with the stress of a visa refusal.

Impact on Future Applications

A refusal of student visas Australia can affect future visa applications to Australia or other countries. Applicants should:

• Address Previous Refusals: Be honest about past refusals in new applications and explain the circumstances.
• Mitigation Steps: Show steps taken to address the issues that led to the refusal.

Further Plan

If the AAT appeal is successful and the student visa is granted, the applicant can proceed to apply for the 485 Graduate Visa.

If the AAT appeal has not yet been heard, but the applicant’s studies have already concluded, the AAT case may be dismissed due to the completion of studies. However, at least during the appeal period, the applicant can complete their studies in Australia. 

Or, if the AAT appeal has failed while the applicant is still studying, then the applicant needs to cease his studies and likely need to return to their homelands. 

In Conclusion

Student visa refusal Australia can be a challenging experience for applicants, as it may disrupt their plans and shatter their dreams. To help you navigate this difficult time, it is advisable to seek professional assistance from the Longton Legal Team.

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

8558 Visa Condition Explained: Key Rules and Requirements

The 8558 visa condition is an essential part of Australia’s visitor visa framework, particularly for those holding Subclass 600 Visitor visas. 

Understanding and complying with this rule is vital to avoid visa breaches that could affect future applications. In this article, we will break down the key aspects of the 8558 visa condition, including how it works, how to avoid breaches, and how to calculate your stay period.

What is the 8558 Visa Condition?

The 8558 visa condition applies primarily to Subclass 600 Visitor visa holders. Under this condition, visa holders are not allowed to remain in Australia for more than 12 months within any 18-month period. 

This means that if you stay for an extended period or make multiple visits, the total duration of your stay cannot exceed 12 months in a rolling 18-month timeframe. This rule applies to multiple entry visas and requires careful tracking of your time spent in Australia to avoid breaches.

Why is the 8558 Visa Condition Important?

The 8558 visa condition is a way for the Australian government to regulate the duration of stays for temporary visitors. It helps ensure that those on visitor visas maintain temporary residency status and do not unintentionally transition into longer-term stays without proper immigration procedures.

The consequences of breaching this condition can be significant, including the cancellation of your visa and restrictions on future visa applications. For anyone visiting Australia under this condition, it is crucial to understand the requirements and plan your visits accordingly.

Key Rules of the 8558 Visa Condition

The 8558 visa condition is an important requirement for many Australian visa holders, particularly those with long-term multiple entry visas. Understanding this condition is crucial for ensuring compliance and avoiding penalties or visa breaches. 

Below are the key rules governing the 8558 visa condition to help you navigate your stay in Australia.

1. Maximum Stay Duration

The primary rule of the 8558 visa condition is that a visa holder cannot stay in Australia for more than 12 months within an 18-month period. 

This rule is not based on a calendar year but instead operates on a rolling basis. This means that at any given point in time, immigration authorities will review the past 18 months of your travel history and ensure that you have not exceeded the 12-month limit.

2. Rolling 18-Month Period

The visa condition 8558 is calculated based on a rolling 18-month period. This can be confusing, as there is no fixed start date for the 18-month period. Instead, it is assessed each time you enter Australia. 

If, for example, you enter Australia on June 1, 2024, authorities will look back 18 months from that date to calculate how much time you have spent in the country. If your cumulative stay exceeds 12 months during this period, you will be in breach of the 8558 visa condition.

3. Multiple Visits

Visa holders under the 8558 visa condition often hold long-term multiple entry visas, which allow them to enter and leave Australia several times within the visa’s validity period. However, the total time spent in Australia across all visits must not exceed 12 months within any 18-month period. This requires careful tracking of entry and exit dates to avoid accidental overstays.

How to Check if You Have the 8558 Visa Condition

To determine whether the 8558 visa condition applies to your visa, follow these steps:

• Review Your Visa Grant Notice: The visa grant notice you received when your visa was issued will detail all the conditions attached to your visa. This is your primary source of information regarding visa restrictions.
• Check VEVO: The Visa Entitlement Verification Online (VEVO) system is an Australian government service that allows you to view your current visa status and any conditions, including the 8558 condition, that may apply.
• Consult a Professional: If you’re uncertain about your visa conditions, seek advice from a registered migration agent or immigration lawyer. They can provide expert guidance to ensure you fully understand your obligations.
• Contact the Department of Home Affairs: For direct confirmation, you can contact the Department of Home Affairs. However, be prepared for potential wait times when seeking assistance through official channels.
• Check Your Visa Label: If you hold an older visa that includes a physical label in your passport, check there for listed conditions. Most modern visas, however, are label-free.

Remember, it’s your responsibility as a visa holder to understand and comply with all conditions on your visa. Ignorance of a condition is not considered a valid excuse for non-compliance.

How to Calculate Your Stay Period Under the 8558 Visa Condition

Many visa holders find it difficult to track their time spent in Australia, particularly when making multiple visits over several years. However, there are methods to help you calculate your stay and ensure you remain compliant with the 8558 visa condition.

• Record-Keeping: It is essential to maintain a detailed record of your travel dates, including the exact days you entered and exited Australia. Keeping track of this information will allow you to calculate how long you have been in the country within any given 18-month period. This will help ensure that you don’t exceed the 12-month limit.
• Use a 8558 Visa Conditions Calculator: Several online tools and calculators are available to help you determine whether you are approaching the 12-month limit. By simply inputting your entry and exit dates, these tools can provide a clear overview of your stay duration and help you avoid breaching the visa condition.
• Monitor the Rolling Period: Keep in mind that the 18-month period is rolling, which means it shifts each day. Always check your stay duration before planning another trip to Australia, ensuring that you do not exceed the 12-month limit within the rolling 18-month window.

By consistently monitoring your stay and utilising available tools, you can manage your travel plans and stay within the guidelines of the 8558 visa condition.

Breaching the 8558 Visa Condition: Consequences and What to Do

Breaching the 8558 visa condition can have significant consequences, affecting both your current stay and future travel plans. It’s essential to be aware of the potential outcomes if you exceed the 12-month limit. Key consequences include:

• Visa Cancellation: If immigration authorities determine that you have breached the 8558 visa condition, they may cancel your visa and require you to leave Australia immediately. This can cause disruption to your plans and may result in a forced departure from the country.
• Impact on Future Visas: A breach of the 8558 visa condition can negatively affect your eligibility for future Australian visas. Immigration authorities consider your visa history when assessing new applications, and any prior breaches could lead to visa refusals or additional scrutiny.
• Travel Restrictions: In addition to visa cancellations, you may face travel restrictions. This could include being barred from re-entering Australia for a set period or facing increased examination during future visa applications, limiting your ability to travel freely.

What to Do if You Breach the 8558 Visa Condition

If you realise you have accidentally breached the 8558 visa condition, taking prompt action is crucial. In some cases, immigration officers may use their discretion, especially if the breach was caused by factors beyond your control, such as a medical emergency.

Here are the steps to take if you find yourself in breach:

• Gather Evidence: If the breach was due to unavoidable circumstances, collect all relevant evidence to support your case. This could include medical records, accident reports, or documentation that explains why you were unable to comply with the visa condition. Such evidence may help in presenting your case to immigration authorities.
• Contact Immigration Authorities: Reach out to immigration authorities or consult a Registered Migration Agent for expert guidance. They can provide advice on how best to handle the breach and may assist in mitigating potential consequences like visa cancellation. Quick action may prevent more severe outcomes.
• Adhere to Future Conditions: If you are granted leniency or a warning for the breach, it is critical to strictly adhere to all future visa conditions. Compliance will help rebuild your immigration record and improve your chances of being granted visas in the future. Any further breaches could have long-lasting effects on your eligibility for future travel to Australia.

Taking these steps promptly and carefully can help you manage the situation and avoid significant penalties.

Avoiding a Breach: Tips for Complying with the 8558 Visa Condition

Staying compliant with the 8558 visa condition requires careful planning and attention to detail. Here are some practical tips to help you avoid breaching this visa requirement:

• Plan Your Trips Carefully: Before entering Australia, carefully plan your visits. Ensure your travel schedule fits within the 12-month limit imposed by the 8558 visa condition. If you foresee needing to stay in Australia for extended periods, it may be worth considering applying for a visa better suited to your longer-term needs.
• Keep Records of Your Travel: Maintaining detailed records of your travel is crucial for compliance. Regularly document your entry and exit dates, and frequently review your travel history to ensure you don’t exceed the 12-month limit within the rolling 18-month period. This proactive approach can help you stay within the rules.
• Consider Shorter-Term Visas: If your plans involve shorter visits to Australia, it might be beneficial to apply for a visa with a shorter validity period that better matches your needs. This can reduce the risk of overstaying and inadvertently breaching the 8558 visa condition.
• Stay Informed: Immigration regulations and visa conditions can evolve. Stay up to date with the latest changes to ensure you remain compliant with your visa requirements. Subscribing to updates from immigration authorities or consulting a Registered Migration Agent can help you stay on top of any new developments.

By planning ahead and keeping informed, you can effectively manage your stay and avoid breaches of the 8558 visa condition.

Can the 8558 Visa Condition be Waived?

Unlike some other visa conditions, the 8558 visa condition cannot be waived. However, this does not prevent you from applying for another visa before your current visa expires. As long as you have not exceeded the 12-month stay limit, you are free to apply for a further visa, even if you are still within the 18-month period.

It is important to note that applying for a new visa does not automatically extend your stay. You must still comply with the rules of your current visa until a new visa is granted.

Exploring the 8558 Visa Condition

Understanding the 8558 visa condition is crucial for anyone holding a long-term visitor visa for Australia. By keeping track of your time spent in Australia and planning your visits carefully, you can ensure that you remain compliant with this important visa condition. 

With the right preparation and attention to detail, you can enjoy your time in Australia without the worry of breaching your visa terms.

Need help with your 8558 visa condition? Contact Longton Migration today to speak with our experienced migration agents. Let us assist you in navigating Australia’s visa requirements and ensure your stay is stress-free.

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*