OTHER AUSTRALIA VISAS

Australia a land of opportunity and there are many pathways to migrate to Australia besides the ones featured on this website. While the other visa pathways are not common, we at Gogozing Migration will do our best to provide information about alternative visa pathways.

In addition, we know that the end goal of many is Australian Citizenship and we are happy to provide information to applicants who are wanting to apply for citizenship and New Zealand citizens on their rights living and migrating to Australia.

AUSTRALIAN CITIZENSHIP

Permanent residents are encouraged to apply for Australian citizenship when they become eligible. There are several ways to apply for Australian citizenship depending on the applicant’s current circumstances. The application process varies depending on your visa and residency history.

 

The general requirements for Australian Citizenship are:

  • Permanent resident status for 1 year and have lived in Australia for at least 9 out 12 months within the year,
  • Lived continuously and legally in Australia for the past 4 years,
  • Be physically present in Australia and must have not been absent for more than 12 months in the last 4 years,
  • Meet the good moral character requirement.

 

Australian Citizenship can be acquired by application in the following situations:

  • Descent (where at least one parent of a child born outside Australia is an Australian citizen)
  • Adoption
  • Conferral (what was once called ‘granting citizenship’)
  • Resumption (where a person previously held citizenship, lost it, and then seeks to resume their previous citizenship)

 

NEW ZEALAND CITIZENS

Most New Zealand citizens who enter Australia on a New Zealand passport do so under the Trans-Tasman Travel Arrangement. New Zealand citizens who enter Australia under this arrangement do not have to apply for a visa before travelling. They are granted a Special Category visa (subclass 444) (SCV) on arrival in Australia, subject to meeting certain health and character requirements.

 

On 26 February 2001, the Australian Government announced that New Zealand citizens arriving after 26 February 2001 are required to apply for and be granted a permanent visa if they wish to access certain social security payments, obtain Australian citizenship or sponsor their family members for permanent residence.

 

More information for New Zealand citizens entering or living in Australia please contact us.

 

HUMANITARIAN / REFUGEE

We understand there are some people who genuinely are in fear of persecution for a recognised reason or whose humanitarian circumstances justify them under Australian law in being resettled in Australian The Australia’s refugee and humanitarian programme is an important part of our contribution to the international protection of refugees. It is designed to ensure that Australia can respond effectively to global humanitarian situations and that support services are available to meet the specific needs of these entrants. While Gogozing Migration is not experienced with this area, we are happy to help with your situation.

 

The following are some of the following visas:

  • 200-Refugee visa
  • 785-Temporary Protection visa
  • 790- Safe Haven Enterprise visa
  • 866- Protection visa

BRIDGING VISAS

Bridging visas in Australia are simply transitory visas which permit you to remain in Australia for a certain period of time. Generally, bridging visas follow the expiration of your current substantive visa, such as a Student Visa, while waiting for an application for another substantive visa to be processed.

 

Bridging visas can be granted in the following circumstances:

  • Your original visa has expired and you are waiting for the application of a substantive visa to be finalised;
  • You have applied to the Administrative Appeals Tribunal of a decision on a visa refusal or cancellation;
  • There is a court appeal on a decision about your visa that you are waiting on; You have requested for a Ministerial Intervention;
  • and You have been an unlawful non-citizen and are making arrangements to depart Australia voluntarily.

 

There are six bridging visa types which all have slightly different entitlements attached to them. Generally, your migration status previous to being granted a bridging visa will affect the bridging visa type you are granted as well as the rights which are attached to the bridging visa

  1. Bridging Visa A subclass 010 (BVA)
  2. Bridging Visa B subclass 020 (BVB)
  3. Bridging Visa C subclass 030 (BVC)
  4. Bridging (Prospective Applicant) Visas subclasses 040 and 041 (BVD)
  5. Bridging Visa E subclass 050 and 051 (BVE)
  6. Bridging Visa F subclass 060 (BVF)

 

For more information about your right to obtain a bridging visa please book a consultation with Gogozing Migration.

ADMINISTRATIVE APPEALS TRIBUNAL (AAT)

In many circumstances where a visa is refused or cancelled, applicants have the right to lodge an appeal of the Department of Border Protection (DIBP) decision.

On 1 July 2015, the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) merged with the Administrative Appeals Tribunal (AAT). The AAT now serves as the single body responsible for hearing migration appeals.

 

Lodging an appeal

The visa cancellation or refusal notice will indicate whether a decision is reviewable and the timeframe in which the appeal needs to be made with the AAT, which is typically 28 days from the date the decision was made. The AAT has the authority to reconsider the case within the same legislative framework as the primary decision maker at DIBP, and can substitute a new decision, vary the decision, remit the matter to DBP again or affirm the decision of the primary decision make at DIBP.

The AAT have the power to hand down a decision based on paperwork provided, or by setting a hearing date to receive submissions orally in person. The method that they will employ to gather the information required to make a decision will depend on the nature of the case and the merits of the application.

 

Alternatives to an appeal

After reviewing the situation, in some scenarios it may become apparent that the issue would be better resolved by lodging a further application rather than making a formal appeal, so it is important that advice is sought in a timely manner after receiving a visa refusal or cancellation notice.

Further, in some cases the prospects of success may be extremely low, in which case applicants may need to consider abandoning the plan to appeal and instead depart Australia. It is therefore strongly encouraged that professional advice be sought so that you can weigh your options and make a considered, informed decision.

 

Gogozing Migration Service

At Gogozing Migration we can discuss the merits of any proposed appeal, prepare submissions in support of your application and manage the appeal process for you, including representation at any associated hearings. Please contact us for advice on how best to proceed in the event you plan on lodging an appeal.

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