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 Immigration Law

We provide professional immigration services to all nationalities around the world. We assist all types of visa applications, skill assessment applications, health & character problems, merits review at the Tribunals, Ministerial Intervention requests and all other issues relating to Australian immigration laws.

The more common visas are set out below.

Visitor & Tourist Visas

This visa lets you visit Australia:

  • To visit or for business visitor purposes
  • As many times as you want, for up to a year
  • And stay up to three months for each visit.

Working and Skilled Permanent Migration Visas

This visa is used to address Australia’s temporary Skill Shortage (TSS) visa it has various pathways:

  • Short-term stream
  • Medium-term stream
  • Labour Agreement stream

In many instances you will need to be assessed, with respect to which pathway is suitable for you. This is because depending on the occupation or where you plan to live or work within Australia there are often different legislative requirements.

Family, Spousal & Partner Visas

If you wish to bring your partner, family member or a relative to Australia, there are different types of visas available to you.

For example, you may be eligible for a partner category visa if you are:

  • Spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, or
  • Fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, or
  • De facto partner (including same-sex relationships) with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Potentially in some instances a prospective marriage visa may be more suitable to your circumstances. Or you may just want to bring a dependent relative to Australia. In every circumstance there are a set of rules and legislative requirements you must follow.

Studying and Training Visas

If you intend to study in Australia, you will need to apply for the Student visa (subclass 500).

There is specific information for Foreign Affairs and Defence sponsored students and school sector students.

Your eligible family members can:

  • Accompany you to Australia if you have included them in your visa application.
  • Join you in Australia after you have been granted your visa as a subsequent entrant. You must have declared these family members in your student visa application.

Working Holiday Visa

This visa is for young people who want to holiday and work in Australia for up to a year.

Requirements

You might be able to get this visa if you:

  • Are at least 18 but not yet 31 years of age.
  • Do not have a dependent child accompanying you at any time during your stay in Australia.
  • Have a passport from an eligible country.

Visa Refusals, Cancellations & Appeals

Sometimes you just need to know the law and what your options are.

The Migration Act contains a number of provisions which give the Minister power to cancel or refuse a visa in various circumstances. Many of these powers can be exercised by delegates. Most cancellation powers are discretionary (the relevant provisions use the word ‘may’), but some are mandatory (the relevant provisions use the word ‘must’).

If your visa is refused or cancelled, you might be able to have the decision reviewed by a merits review tribunal, the Administrative Appeals Tribunal (AAT) the court or even the minister.

Other services

As well as our comprehensive visa and migration law service this legal practice also provides a variety of other services which are potentially essential to a visa applicant including but not limited to Wills, Power of Attorney, elder law, Conveyancing and legal advice as it pertains to Australian law.

    Costs

    Australian Entry Visa Service and M Duncan & Associates charge Migration fees in accordance with recommendations from the Code of Conduct for Registered Migration Agents, OMARA, and the Legal Profession Uniform Law and Legal Profession Uniform General Rules (as applicable). We will always provide you with an Agreement for Services and Fees or a Costs Disclosure before you incur any costs. We will not commence work until we receive your acceptance of our costs which protects you from uncertainty.