Frequently Asked Questions − Complex
- I am in Australia and my visa has expired, what do I do now?
- I have a 3 year ban; can I still get an Australian visa?
- I have received a request from the Department of Home Affairs for more information. What do I do?
- My visa has been refused. What are my options?
Becoming 'unlawful' in Australia can have wide ranging consequences, especially for future visa applications. The length of time you have been unlawful and the next visa you plan to apply for are critical factors, so if you are in this situation the best thing to do is take action now, don't delay.
Sometimes one day can make all the difference to your next application.
Depending on how long you have been unlawful you may have a three year ban on temporary visas. If you are planning on applying for another visa in Australia you may have what is called 'schedule 3' issues, which basically means that you will have to meet additional requirements that you would not have had to if you held a valid visa when you applied.
You should contact one of our experienced advisors immediately to discuss your situation.
Not always, but in some cases, yes you can. It depends on the details of your situation. Whether or not you can still obtain a Visa can depend on a number of factors such as the type of visa you previously held, the visa you are planning on applying for and whether there are compelling or compassionate circumstances affecting an Australian citizen or Australian business.
The three year ban affects only some visas. There are some to which it has no effect at all. You should contact one of our experienced advisors to discuss your situation and options.
The Department of Home Affairs requests information for many reasons. When they do, you need to be very careful about what happens next.
There are many reasons you may be asked for information. For example, if you have applied for a student visa you may have been requested to provide information about your study history. This could be because the Department of Home Affairs has concerns that you are not a 'genuine student'. Or if you have applied for a visitor visa you may be asked to provide 'incentive to return home'. This generally indicates that they have a concern that you may not be a genuine visitor.
As registered migration agents our role is to know exactly why you have been asked for this information. It's not random! How you respond to a request for more information can make or break your case - leave it to a professional. You should contact one of our experienced advisors to discuss your situation.
If you have had a visa refused, there are a number of things to consider before deciding what you can do next. You may have the right to appeal the decision at the Administrative Appeals Tribunal (AAT). Whilst appealing the decision may be a great option for you, it is not always the best option.
For example, appealing a decision to the tribunal can be very expensive and take a lot of time. In some cases it is cheaper and faster to lodge a new application making sure you meet all visa criteria. In other cases, appealing a refusal decision to a tribunal may be the best (and in some cases only) option.
How to proceed after a visa refusal can be of critical importance. Timeframes are also critical because review rights are time limited. If you have had a visa refused you should not delay, contact us immediately to discuss your options. You can also read more about this topic here.