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General Skilled Visas
General Skilled Visa Specialist Melbourne
SKILLED NOMINATED VISA – SUBCLASS 190
Skilled workers from certain occupations can register for nomination by an Australian state or territory to apply for a subclass 190 visa. Successful applicants may live and work in Australia as permanent residents.
SKILLED INDEPENDENT VISA – SUBCLASS 189
The Subclass 189 visa allows skilled workers from specific occupations to stay permanently in Australia. It provides full work rights and eligibility to enrol in Australia’s public health care scheme.
SKILLED WORK REGIONAL (PROVISIONAL) VISA – SUBCLASS 491
Workers from certain occupations willing to live and work in a designated region of Australia can apply for a Subclass 491 visa. After 3 years, Subclass 491 visa holders can apply for permanent residency.
SKILLED NOMINATED VISA – SUBCLASS 190
Skilled workers from certain occupations can register for nomination by an Australian state or territory to apply for a subclass 190 visa. Successful applicants may live and work in Australia as permanent residents.
Overview of the Skilled Nominated Visa
The subclass 190 Skilled Nominated visa enables Australian state and territory governments to selectively nominate skilled workers from desired occupations to apply for a permanent visa. The subclass 190 visa allows successful applicants to:
- Permanently live, work and study in Australia
- Apply for Australian Citizenship (if eligible)
- Access Medicare, the Australian public health system
- Include a dependent spouse and children on the application
- Sponsor relatives for migration to Australia
- Apply for Australian Government benefits and payments (subject to waiting periods)
- Travel in and out of the country for 5 years
While the Skilled Nominated visa (subclass 190) has several benefits, the eligibility criteria and application process are quite complex.
Subclass 190 Visa Eligibility Criteria
To apply for a Skilled Nominated visa, you must first be nominated by an Australian state or territory government agency. Then you may be invited to apply for the visa by the Australian Department of Home Affairs.
The main eligibility criteria for nomination and invitation to apply for the subclass 190 visa are detailed below. But if you have any questions or would like assistance with the process, please contact one of our experienced Migration Agents in Australia for further information.
Be Working in an Eligible Skilled Occupation
Like with a subclass 189 Skilled Independent visa, the first step for eligibility for a subclass 190 visa is to check if your occupation is on the current list of eligible skilled occupations published by the Australian Government.
If you do not have qualifications and experience working in one of these occupations, another visa type may be more suitable.
Nomination by an Australian State of Territory
The subclass 190 Skilled Nominated visa is designed to enable Australian state and territory governments to prioritise migration for people with skill sets needed in their regions. As such, the nomination process is managed independently by each state and territory.
You will need to specify the state or territory you would like to migrate to in your subclass 190 visa application, so be sure to familiarise yourself with all region-specific requirements of your intended destination. You can find this information via the links to each Australian state or territory migration agency under the ‘Be nominated’ section on the Department of Home Affairs website.
Skills Assessment
You will need a suitable skills assessment from an approved assessing authority to apply for a Skilled Nominated visa. The skills assessment must be less than three years old.
Score at Least 65 Points
To be eligible for the subclass 190 visa, you must have a score of 65 or above on the relevant points testing system. Points are allocated according to factors such as education, employment history and English proficiency. You can use our free Points Test Calculator to check your score.
If you would like to know how to maximise your score to improve the competitiveness of your application, please contact us to speak to a registered Australian migration agent.
Age Requirement
The Skilled Nominated visa is available to adults 44 years of age or under.
Health and Character Requirements
The Australian Government Department of Home Affairs health and character requirements must be met by both yourself and any family members added to the application.
How Can I Apply for a Subclass 190 Visa?
After you have confirmed eligibility and decided which state or territory you are applying for, you can submit an Expression of Interest (EOI) for a subclass 190 visa. The EOI is submitted online to the Australian Department of Home Affairs, via SkillSelect.
The EOI process is competitive, meaning that your application will be ranked against others. The local need for your occupational skill set and experience will be considered by the relevant regional migration agency.
If you are nominated by your chosen state or territory, the Australian Department of Home Affairs may invite you to apply for a subclass 190 Skilled Nominated visa.
An invitation does not mean that your visa has been approved. You have 60 days from the date of invitation to apply for your subclass 190 visa.
Can I Include Family Members on the Application?
Yes! You can include members of your family unit in a Skilled Nominated visa application. They can be added at the time you lodge your application or afterward.
Members of the family unit include:
- A spouse or de facto partner
- A child (including stepchildren) who is under 18 years of age
- A dependent child ages 18 – 23 years
- A child over the age of 23 who is dependent on the applicant or applicant’s partner due to disability
What About Extended Family?
Extended family members cannot be included on a subclass 190 visa. However, if your visa is granted, you can sponsor qualifying family members for permanent residency in Australia.
If you need assistance to sponsor a family member to migrate to Australia, our expert Australian Migration Agents can assist with a parent visa and several other visa types.
How to Improve Your Chances of Nomination
You can increase the likelihood of nomination for a Subclass 190 Skilled Nominated visa by aligning your application with state and territory requirements and maximising your points score.
Each Australian state and territory government publishes a Skills Priority List that guides decisions around nomination. There are also yearly regional migration quotas for each occupation, which tend to fill up quite fast. For the best chances of success, it is recommended to apply for a location where your specific skill set is in demand and that still has capacity in its yearly quota.
There is a high level of competition for Skilled Nominated visas, so maximising your points score can increase the chance of a successful application. The experienced staff at LIVV Immigration can advise of anything you may be able to do to boost your points score.
What is the Cost of a Subclass 190 Visa?
There is no charge for submitting an Expression of Interest (EOI) for a 190 visa.
If you are invited to apply for a Skilled Nominated visa, the fee payable to the Australian Government upon applying is AUD$4,240 for the main applicant. Additional fees are payable for other family members included in the application.
Need Help to Apply for a Subclass 190 Skilled Nominated Visa?
Our team of fully qualified Australian Registered Migration Agents in Australia can help you with every step of a Subclass 190 visa, from understanding the state and territory requirements, to submitting the Expression of Interest and lodging an application.
Because of our experience working with the complexities of the Australian Immigration system, we can help you be a competitive applicant for this sought after visa, which grants permanent residence and full work rights to successful applicants.
To discuss applying for a subclass 190 Skilled Nominated visa, or any other Australian immigration needs, please contact us today.
SKILLED INDEPENDENT VISA – SUBCLASS 189
The Subclass 189 visa allows skilled workers from specific occupations to stay permanently in Australia. It provides full work rights and eligibility to enrol in Australia’s public health care scheme
To discuss your eligibility with one of our experienced migration agents—please contact us now.
Skilled Independent Visa Overview
The 189 Skilled Independent visa is one of the most sought-after visas for skilled workers wishing to live and work in Australia. It does not require sponsorship (like the 190 visa ) and comes with a range of benefits, including the ability to:
- Work and study in Australia
- Permanently live in Australia
- Include a dependent spouse and children on the application
- Sponsor relatives to migrate to Australia
- Travel in and out of the country for 5 years
- Apply for Australian citizenship (if eligible)
- Enrol in Medicare, the Australian public health system
- Access certain Australian Government payments and benefits (after the waiting period)
Considering the benefits, you should apply for a Skilled Independent visa (subclass 189) if you are eligible and want to live and work in Australia.
Eligibility for a 189 Visa
The first thing to consider for a Skilled Independent visa is whether your occupation is on the current list of eligible skilled occupations published by the Australian Government.
If your occupation is not on the list, don’t worry. You can contact one of our experienced Migration Agents in Australia to discuss other visas that might suit your needs. Our visa services cover the full range of student, working, family and partner visas for Australia.
In addition to having a relevant occupation, for a 189 visa, you will need to meet these additional eligibility requirements.
Age Requirements
You must be under 45 years of age when you apply for a Skilled Independent Visa.
Health and Character Requirements
Both you and any family members who are added to your application must meet the Australian Government Department of Home Affairs health and character requirements.
Obtain a Satisfactory Skills Assessment
To apply for a Subclass 189 visa, you will need to have a suitable skills assessment from an approved assessing authority.
You can obtain the skills assessment before applying, but the assessment must have been completed within the last 3 years.
Score at Least 65 Points
The 189 Skilled Independent visa is points tested. To be eligible to apply, you need the ability to score 65 points or more on the relevant points testing system.
Things like your level of education, employment history (within and outside Australia) and English proficiency influence your points score. You can use our free Points Test Calculator to check your score.
If you are struggling to score enough points, please contact us to consult a migration agent in Australia on ways you might be able to increase your score.
How Do I Apply for a Subclass 189 Visa?
To apply for a Skilled Independent visa you must submit an Expression of Interest (EOI), then be invited to apply. The EOI is submitted online to the Australian Department of Home Affairs, via SkillSelect.
There is no fee to create or submit an EOI. But please note, an EOI is not a visa application.
The EOI process is competitive, meaning that your application will be ranked against others. If or when a suitable occupation position within your employment skill set is available, you may be invited to apply for a Subclass 189 Visa.
Can I Add My Family to the Application?
Yes! You can include members of your family unit in a Skilled Independent visa application. They can be added at the time that you lodge your application or afterward.
Members of the family unit include:
- A spouse or de facto partner
- A child (including stepchildren) who is under 18 years of age
- A dependent child ages 18 – 23 years
- A child over the age of 23 who is dependent on the applicant or applicant’s partner due to disability
What About Extended Family?
You can not include extended family members on a subclass 189 visa. However, if your visa is granted, you can sponsor qualifying family members for permanent residency in Australia.
If you need assistance to sponsor a family member to migrate to Australia, our expert Australian Migration Agents can assist with a parent visa and several other visa types.
How to Improve Your Chances of Success
Because Expressions of Interest for a Subclass 189 visa are ranked against other applicants, it is important to make your submission as competitive as possible. Our knowledgeable staff at LIVV Immigration can advise of anything that might help boost your points score to give you the best chance of success.
Ensuring that all relevant documents provide clear evidence of your eligibility will help the process for a Subclass 189 Skilled Independent visa run smoothly.
How Much Does a Subclass 189 Visa Cost?
There is no fee to submit an EOI for a 189 Visa.
If you are invited to apply for a Skilled Independent visa, the fee payable to the Australian Government upon submission of the application is AUD$4,240 for the main applicant. There is an additional fee payable for other family members included in the application.
We Can Help You Apply for a 189 Skilled Independent Visa
Our team of fully qualified Australian Registered Migration Agents in Australia can help you with every step of a 189 visa, from the Expression of Interest to submitting the application.
Because of our deep understanding of the Australian immigration system, we will help you be a competitive applicant for this sought after visa, which grants full work, study, residence and travel rights to successful applicants.
To discuss a Subclass 189 Skilled Independent Visa, or any other immigration needs, please contact us today.
SKILLED WORK REGIONAL (PROVISIONAL) VISA – SUBCLASS 491
Workers from certain occupations willing to live and work in a designated region of Australia can apply for a Subclass 491 visa. After 3 years, Subclass 491 visa holders can apply for permanent residency.
To discuss your eligibility with one of our experienced migration agents—please contact us now.
Skilled Work Regional Visa Overview
The subclass 491 visa gives skilled workers the right to live, work and study in a designated regional area of Australia for 5 years. This visa is a great option for those seeking to live in Australia permanently, as it provides a clear pathway to permanent residency.
Successful subclass 491 Skilled Work Regional visa applicants can:
- Live, work and study in a designated region for 5 years
- Leave and return to Australia freely while the visa is valid
- Bring members of your family unit to live with you
- Apply for permanent residency after 3 years (details below)
Pathway to Permanent Residency
After 3 years, subclass 491 visa holders can apply to transfer to a subclass 191 Permanent Residence (Skilled Regional) visa.
To apply for a subclass 191 visa, you must have complied with the conditions of your subclass 491 visa and have met the minimum income threshold from working in Australia for 3 years. A subclass 191 visa allows you to stay in Australia indefinitely, sponsor relatives to come to Australia, and if eligible, apply for citizenship.
Subclass 491 Visa Eligibility
The first two things to consider for a Skilled Work Regional visa are:
- Are you (and any accompanying family) willing to live in a location on the list of regional areas designated by the Australian government for 5 years?
- Is your occupation on the current list of eligible skilled occupations?
If your answer to these two questions is “Yes,” then you’ll need to submit an expression of interest (EOI) and you may be invited to apply.
To receive an invitation for a subclass 491 visa, you must be nominated by an Australian state or territory government or sponsored by an eligible relative. There are also several other conditions, such as a satisfactory skills assessment and meeting a minimum points score for English proficiency.
We’ve provided more details about eligibility for the Skilled Work Regional visa below. But if you have any further questions about designated regional areas, eligible skilled occupations, or anything else—our team of experienced Migration Agents in Australia are always happy to answer your questions.
Regional Incentives
There are several incentives offered for skilled migrants who move to a regional area, including:
- Access to the dedicated 11,200 regional visa places
- Priority processing
- Access to an expanded Regional Occupations List (more than the non-regional list)
- Graduates with a bachelor or higher qualification from a regional campus can access an extra 1 or 2 years post-study work visa
State or Relative Nomination
An eligible relative (parent, child, sibling, aunt, first cousin, etc) who is also a resident in a designated regional area can sponsor you for a subclass 491 Skilled Work Regional (provisional) visa.
If you don’t have an eligible relative, after submitting an expression of interest (EOI), Australian state or territory governments might nominate you for the visa if you score enough points. Some regional government agencies also allow you to submit a nomination application (conditions vary by region).
Get a Skills Assessment
To apply for a subclass 491 visa, you need a suitable skills assessment from an approved assessing authority. This assessment must be less than 3 years old.
Score 65 Points
To apply for the Skilled Work Regional visa, you must have a score of 65 or more on the relevant points testing system. You can use our free Points Test Calculator to check your score.
If you are struggling to score enough points, please contact us to consult a migration agent in Australia. We might be able to identify ways for you to increase your score.
Age Requirement
You must be under 45 years of age when you apply for a subclass 491 visa.
Health and Character Screen
Both you and any family members who are added to your application must meet the Australian Government Department of Home Affairs health and character requirements.
How Do I Apply for a Subclass 491 Visa?
Once you have…
- Confirmed you are willing to migrate to a designated regional area in Australia
- Decided on your nomination or sponsorship
- Checked that your occupation is on the list of eligible skilled occupations
…you can submit an expression of interest (EOI) online. The EOI is submitted to the Australian Department of Home Affairs, through SkillSelect.
You don’t need to pay to submit an EOI. But please note, an EOI is not a visa application.
After submission, state and territory government agencies can see your EOI. If you have scored enough points, they may invite you to apply for a Skilled Work Regional visa in an invitation round.
If you are being sponsored by a relative (and the sponsorship is approved), the Department of Home Affairs may invite you to apply for a visa in an invitation round.
Can My Family Be Included in the Application?
Yes! Members of your family unit can be included on a subclass 491 visa application. They can be added at the time you lodge your application or afterward, as a subsequent entrant.
Members of the family unit include:
- A spouse or de facto partner
- A child (including stepchildren) who is under 18 years of age
- A dependent child between the ages of 18 – 23 years
- A child over the age of 23 who is dependent on the applicant or applicant’s partner due to disability
What About Extended Family?
You can’t include extended family members on a subclass 491 Skilled Work Regional visa. However, if you subsequently transfer to a subclass 191 Permanent Residence visa, you can sponsor qualifying family members for permanent residency in Australia.
If you need assistance to sponsor a family member to migrate to Australia, our expert Australian Migration Agents can assist with a parent visa and several other visa types.
Improving Your Chances of Nomination
The subclass 491 visa uses a competitive application process, so it’s important to make your submission stand out against other candidates. The best ways to do this are:
- Maximise your points score
- Follow the state or territory nomination process for the region you are wishing to migrate to (if not being sponsored by a relative)
The process for each state or territory agency is different. Some allow you to submit a nomination application and certain areas even have processes to fast-track visa nominations for certain occupations. You can see the Skilled Work Regional visa webpage for Victoria as an example.
If you would like to discuss how to maximise your points score and learn more about state or territory nomination processes, the experienced staff at LIVV Immigration can help.
Cost of a Subclass 491 Skilled Work Regional (Provisional) Visa?
There is no cost for submitting an EOI for a Subclass 491 visa.
If you are invited to apply for a Skilled Work Regional visa, the fee payable to the Australian Government upon submission of the application is AUD$4,240 for the main applicant. There is an additional fee payable for other family members included in the application.
Get Help to Apply for a Subclass 491 Visa
Our team of fully qualified Australian Registered Migration Agents in Australia can help you with the entire process of a subclass 491 visa, from understanding designated regional areas to submitting an EOI and completing your application.
Because of our vast understanding of the Australian immigration system, we will help you be a competitive applicant for this sought after visa, which has a clear pathway to permanent residency.
To discuss a subclass 491 Skilled Work Regional visa, or any other immigration needs, please contact us today.
Temporary Activity Visa
Apply For Temporary Activity Visa
If you want to remain or need to come to Australia for an event, program or other similar activity, you may be eligible for the Temporary Activity Visa (SC 408).
There are a number of streams under the SC 408 visa, with varying lengths and for different kinds of activities. Read on for more information regarding this visa.
TO BE ELIGIBLE FOR THE SC 408 VISA
- You will need to have the skills and experience to be able to take part in the activity, program or event under the stream your visa is relevant to.
- To be eligible for the SC 408 visa, you must be supported or sponsored by an organisation.
- You will need to meet the requirements of the particular stream that you are applying for.
- You must be undertaking an activity or program such as religious work, research activity, professional sports, domestic work, or assisting with Australia’s COVID-19 recovery. A full list of the eligible streams can be seen here.
- You may need to provide evidence of good health and character, as well as prove that you do not have a criminal record.
- You may need to provide evidence of your financial situation and prove that you can support yourself and any dependents whilst in Australia.
WITH THIS VISA, YOU WILL BE ABLE TO
- You will be able to come to Australia and remain in the country for up to four years (if participating in Australian government activities).
- The full length of your SC 408 visa will be dependent on the visa stream and your particular activity or program.
- You will be able to enter and exit the country as many times as you like whilst your visa is valid.
- You will be able to bring eligible family members to Australia with you on the SC 408 visa.
- You will be able to complete your program, or the work nominated and approved for in your visa stream.
WITH THIS VISA, YOU WILL NOT BE ABLE TO
- You are not allowed to perform any work in Australia that is not part of your nominated program.
- You will not be able to stay longer than your visa stream allows, unless you apply for and are granted a different visa (or an extension).
- Please note that you may not be eligible for a SC 408 visa if you have had a visa cancelled or refused whilst in Australia.
Visa costs are variable. For the latest costs and charges applicable to your visa – or for further information regarding entrance into Australia contact our experienced, qualified & trustworthy migration agent in Melbourne by clicking here.
Temporary Skill Shortage Visa – SC 482
Apply For Temporary Skill Shortage Visa
You may be able to enter and work in Australia on a Temporary Skill Shortage Visa (SC 482). If you have the particular skills and qualifications to fill a job that is experiencing staff shortages, this could be the visa for you.
Read on for more details regarding this visa type.
TO BE ELIGIBLE FOR THE 482 VISA
- Your occupation must appear on the relevant Skilled Occupations list.
- You must have a minimum of two years’ experience in the role (or related field), in the past five years.
- You must hold the relevant qualifications in your role or field. Some qualifications may require a skills assessment for confirmation.
- You must meet criteria involving English skills, health and character.
- You must be nominated by an employer who is an approved sponsor.
- You’ll need to ensure that you are covered by private medical insurance for the duration of your stay in Australia.
- You will need to hold any licenses or registrations that are required under Australian law for your nominated occupation.
WITH THIS VISA, YOU WILL BE ABLE TO
- You can remain in Australia for two to four years but may be able to apply for two-year extensions near the end of your visa.
- You will be able to work in your specified role, for your sponsoring employer.
- You will be able to enter and exit the country throughout the duration of your visa, as many times as you like.
- You will be able to apply for permanent residency in the future, if you meet certain requirements.
- You will be able to bring your family members to Australia with you, as long as they are approved for the Temporary Skill Shortage visa.
WITH THIS VISA, YOU WILL NOT BE ABLE TO
- You will not be able to work in an occupation that is different to the one you were approved for. To work in a different occupation, you must apply for and be granted a SC 482 visa for that role.
- You will not be able to stay longer than the duration of your visa, unless you apply for and are granted an extension, permanent residency or another visa type.
- You will not be able to bring family members to Australia unless your family members have also been approved for the Temporary Skill Shortage visa.
- You cannot cease employment for a period of more than 60 consecutive days.
For the latest information and requirements about your particular visa of interest, please feel free to contact our experienced, MARA qualified & trustworthy migration agents by clicking here.
Temporary Graduate Visa – SC 485
Apply For Temporary Graduate Visa
If you’re an international student and have recently graduated in Australia or outside Australia with qualifications that meet the Australian study requirement, you may be eligible to remain in or enter the country on a Temporary Graduate Visa (SC 485).
There are two streams included in the Temporary Graduate visa. They are the Graduate Work Stream and the Post-Study Work Stream. It’s important that you understand which stream is suitable for your situation.
Read on for more details regarding the Temporary Graduate Visa.
TO BE ELIGIBLE FOR THE 485 VISA
- For the post-study work stream, you must have completed at least 2 years of study in Australia.
- For the graduate work stream of the 485 visa, you must have a qualification that meets the Australian study requirement.
- For the post-study work stream, you must have graduated with a bachelor’s degree or higher.
- You must be younger than 50 years of age to be eligible for the 485 visa.
- For the graduate work stream, your skills and experience must be relevant to an occupation on the appropriate Australian Skilled Occupation List (SOL).
- You must already hold an eligible visa when you apply, such as a student visa.
- You will need to have a recent qualification in a CRICOS-registered course.
WITH THIS VISA, YOU WILL BE ABLE TO
- You will be able to remain in Australia on a subclass 485 visa for at least 18 months, and up to 4 years, depending on your stream and qualification.
- With the 485 visa, you will be able to bring your family to Australia with you on both streams. This includes a spouse or de facto partner, as well as children.
- You will be able to enter and exit the country as many times as you like whilst your 485 visa is valid.
- Under the post-study stream you will be able to work full time.
- For the graduate work stream, you may work in your nominated and sponsored occupation, which will be relevant to your qualifications.
Visa costs are variable. For the latest costs and charges applicable to your visa or for further information regarding Australian visas, contact our experienced, qualified & trustworthy migration agent by clicking here.
Temporary Working Visa
TEMPORARY ACTIVITY VISA – (SUBCLASS 408)
If you want to remain or need to come to Australia for an event, program or other similar activity, you may be eligible for the Temporary Activity Visa (SC 408).
TEMPORARY SKILL SHORTAGE VISA – (SUBCLASS 482)
You may be able to enter and work in Australia on a Temporary Skill Shortage Visa (SC 482). If you have the particular skills and qualifications to fill a job that is experiencing staff shortages, this could be the visa for you.
TEMPORARY GRADUATE VISA (SUBCLASS 485)
If you’re an international student and have recently graduated in Australia or outside Australia with qualifications that meet the Australian study requirement, you may be eligible to remain in or enter the country on a Temporary Graduate Visa (SC 485).
SPONSORED PARENT VISA – OFFSHORE (SUBCLASS 870)
Last April 2019 the Subclass 870, Sponsored Parent (Temporary) Visa was opened for all eligible parents that meet the requirements for this visa. This visa is granted to a parent/s that has a child who is an Australian citizen or holds a permanent residence in Australia or an eligible New Zealand citizen. This Sponsored Parent visa aims to reunite families and allows parents who live in a different country to stay with their children and grandchildren for a period of 3 to 5 years without the hassle and expense of having to exit and re-enter every few months.
Eligibility for application
- Parent Sponsor
- Be at least 18 years of age
- Be an Australian citizen, permanent resident or an eligible New Zealand Citizen
- Minimum taxable income of AUD$83,454.80
- Limited to one sponsorship at a time
- Can cover up to 2 parents at a time
- Do not have any standing financial debt
- Can and will support the parent/s
- Parent/s
- Biological parent
- Legal (including adoptive) parent
- Step-parent
- Parent-in-law
- Be at least 18 years of age
- Have an approved Parent Sponsor
- Have access or has sufficient fund to meet the cost and expenses while living in Australia
* This is a yearly taxable income and could solely be from the parent sponsor or combined household income with a partner/spouse or another child of the parent
Requirements for the parent/s
- Health requirement
- Character requirement
- Working in Australia is not allowed
- No Balance of family test
- Parent/s must show that they genuinely intend to stay in Australia temporarily
- Health insurance must be secured before the visa can be approved
We know that this complicated process can be very stressful. At LIVV Immigration we are here to help guide you step-by-step, ensuring that you meet the strenuous requirements set by the Department of Home Affairs and that you meet the requirements on time, complete and with assurance.
Are you looking to sponsor a parent, but you are unclear about whether or not the limitations apply to you? Before you make any decisions, it is always a good idea to speak to an experienced migration agent who will be able to give you the best advice as to how to proceed.
Contact us today on 1300 548 846 to see how we can help.
ADMINISTRATIVE APPEALS TRIBUNAL (AAT)
The Administrative Appeals Tribunal is the authority that is responsible for reviewing administrative decisions that have been made under Commonwealth laws. It began operating on 1 July 1976.
This organisation conducts independent reviews of decisions taken by various Australian government departments, agencies and ministers. They also conduct independent reviews of decisions taken by state government and non-government bodies but in limited circumstances.
A LOOK AT THE AAT’S JURISDICTION
The Administrative Appeals Tribunal or AAT does not have the authority to review any or all decisions. The organisation can only review decisions if a regulation, Act or any other legislation explicitly states that the decision may be reviewed by the AAT.
Some of the decisions that the Administrative Appeals Tribunal is authorised to review are those related to:
- Australian citizenship
- Immigration and family assistance
- Passports
- Decisions related to issuance of visas
- Taxation
- Freedom of information
- Commonwealth workers’ compensation
- Security assessments by the Australian Security Intelligence Organisation (ASIO)
What this means is if you have received notification regarding visa cancellation or refusal, you can get the decision reviews by the AAT.
However, you must know that the Administrative Appeals Tribunal is not necessarily the first step in getting a decision reviewed. Depending on the circumstances, the AAT can review a decision only after the primary decision has gone through an internal review or after it has been reviewed by another specialist review board.
A LOOK AT THE HOW THE AAT CONDUCTS ITS REVIEWS
When reviewing decisions, the Administrative Appeals Tribunal uses a very specific set of criteria to evaluate the merits of each individual case. They take a fresh, objective look at the facts of the case as well as the law and policy that is relevant to the case. Based on these findings, they then arrive at their own decision.
In making their review decisions, the AAT aims to be fair, quick and just. While the exact process may differ depending on the type of decision being reviewed, all review decisions must be made strictly in adherence with the AAT guidelines. In case there is more than one decision that is correct for a particular case, the preferable decision is considered as the ruling decision.
When applying to the AAT for a review decision, how you put across your case is crucial. You need to submit all supporting documents and evidence to demonstrate that you deserve to get your visa cancellation or refusal decision revoked. The best way to do this is by hiring an experienced immigration consultant such as LIVV Immigration to represent you. Backed by several years of experience, we know how to put together a compelling case on your behalf and will make sure that all formalities are completed well within the deadline.
Call us today so we can get started on your AAT application right away.