Emigrate Lawyers

Protection Visas

Protection visas, as defined in section 35A of the Migration Act 1958 (Cth) (the Act), encompass both temporary and permanent visas, as well as classes of visas prescribed by the Migration Regulations 1994 (Cth) (the Regulations). These visas are granted to individuals who satisfy the Australian government that they meet specific criteria, ensuring that Australia has protection obligations towards them. This typically applies to individuals recognized as refugees or those facing a real risk of significant harm, often referred to as complementary protection.

Partner Visa

Onshore Partner Visa (Subclass 820/801) Subclass 820 Temporary visa (Subclass 820) that lets you stay in Australia while your permanent visa is processed. Subclass 801 Permanent visa (Subclass 801) is granted after holding the temporary visa for a specific period. Offshore Partner Visa (Subclass 309/100) Subclass 309 Temporary Partner Visa (Subclass 309) that allows you to enter and stay in Australia while your permanent visa is being processed. Subclass 100 Permanent visa granted after holding the temporary visa for a specific period. Prospective Marriage Visa (Subclass 300) The Prospective Marriage Visa (Subclass 300) allows individuals to come to Australia to marry their Australian fiancé(e). This visa is ideal for couples who are engaged and plan to marry in Australia within nine months of the visa grant.

Skill & Work Visa

Employer-sponsored visas are designed to allow Australian employers to address skill shortages by sponsoring skilled workers from overseas.

Visa Refusals

If you’ve received a visa refusal, one of your first questions might be whether the Department of Home Affairs made the correct decision. Our experience has shown that errors can sometimes occur during decision-making, particularly when subjective or discretionary criteria are involved.

Visa Cancellations

Only the Minister or a delegate of the Minister can grant, refuse or cancel a visa. This can be discretionary, mandatory or by operation of law. In some circumstances, you can ask Department to cancel your visa. Cancelling visas is at the discretion of the Department. If Department cancels your visa, they may also cancel the visas held by any of your family members. Your employer, a sponsor or family member cannot cancel your visa. However, a person with parental responsibility can request Department to cancel the visa of a person under 18 years old.

Ministerial Intervention

Ministerial Intervention is a discretionary power granted to the Minister to intervene in visa decisions made by the Department of Home Affairs. This intervention can result in the granting of a visa or other favourable outcomes that would not be possible through standard administrative processes.

Australian Citizenship

Becoming an Australian citizen gives you a sense of permanency and belonging that a visa or permanent residency cannot provide. As a citizen, you are fully recognised as part of the Australian community and gain rights, protections and opportunities that are not available to temporary or permanent visa holders.

Child Visas

If you are planning to bring a child to live permanently in Australia, it’s essential to understand the various visa options available and their specific requirements. Below, you will find detailed information about each child visa subclass, eligibility criteria, and application scenarios. When Does a Child Need an Australian Visa? A child will need an Australian visa if they are: Not the holder of a permanent visa, and Intending to travel to, enter, or remain in Australia indefinitely.