Specific Questions About Australian Visas
Questions about visas.
I am often asked questions, rather specific questions, about visas.
For example:

“I came over three years ago on a temporary residency visa, but four months later switched it to a student visa when I started college. But I didn’t turn up to many of the lessons and got thrown out of college. So then I managed to get hold of a work/play visa 11 months ago but I have been working for the same employer for all of that period. But I’ve just discovered I’m pregnant! Will my child be Scottish or Australian and can I now apply for permanent residency?”
Well, they might not be as specific or as complex as that, but they might as well be.
Knowing the ins and outs of all 100+ Australian visas and to keep up with all the latest information requirements the knowledge of a migration lawyer.
I’ve been called many things in my life, but never a migration lawyer.
So unfortunately I am not in any position to answer specific questions about visas. But if you have one, please feel free to post it here and maybe somebody else (is there a migration lawyer in the house?) can. But just hold on there a minute…….
More useful links:
Here is an organisation that just might be able to help you. They are called Immigration Advice & Rights Centre Inc. IARC for short. They are a “not-for-profit registered charity specialising in Australian immigration and refugee law and policy.” They provide free immigration advice and maybe they can help you. Why not give them a try?
Visit http://www.iarc.asn.au/

{ 16 comments… read them below or add one }
Hello, I am currently in Australia on a working holiday visa. However, it expired yesterday. I have not left yet as I am waiting with my partner for his visa to return to the UK with me (I am a UK citizen and he is Australian). Can you please advise me on what my options are now? Is there any way to stay and wait with him, the visa should arrive in the next week. What are the repercussions if I over stay by 2 weeks of my visa?
Hi M
I think you’re already in trouble, Australia do not take kindly to people who overstay their visas. I know of one guy who did it, he was deported and banned from returning to Australia for some years, can’t remember how many, somewhere between three and seven.
Trouble is, you will get caught when you attempt to leave the country, if I’m not mistaken. There is an organisation called Immigration Advice and Rights Centre Inc, (IARC), I would be inclined to go and see them or at least telephone for advice, their website link is at the end of the post above under More useful links
Good luck.
I am due to emigrate to australia in a few weeks time with my husband and two youngest daughters (both aged 20). My eldest daughter wasn’t able to be included on my visa (a 175 skilled migrant visa) because she was over 18 when I applied. She is in a relationship and has a child of 6 months. She currently works as a sales negotiator/advisor for a real estate agent in the UK, while her partner works as a pastoral officer in a high school. They are desperate to find ways of applying for permanent residency in Australia but their jobs aren’t on the skills list, so they are hoping to find a sponsor. How do they go about finding employers who might sponsor them? I hope you are able to assist me. Regards, Karen
Everything I know about finding a sponsor is written on my page called Getting a Job or a Sponsorship.
That’s all I know, I hope the information is some help. Good luck!
I am on an ENS 856 visa and would like to accept a position from another employer. Is this possible and if so, what process do I need to follow? I appreciate your advice. Sasha
Hmmm, not sure. Haven’t you committed to work for your current employer for a minimum period, probably two years?
If you do need more professional advice, come back to me, I know someone who can help.
hii bob,
we are recently married(3months) & willing to migrate to Australia for studies. one of my husbands blood relatives sponsoring us. is it possible for us to move to Australia together ?? he’s going to undertake his undergraduate degree & i wish to continue my Msc. plsss help us thankss…..
Possibly, but ultimately that is down to the Department of immigration. They look at each case individually. Good luck!
Hi Bob,
Is it possible to have Australian visitor visa granted if application has been refused previously, say 3x in the last 10 years? I have a cousin of mine who is the last remaining family member and she has been trying to get a tourist visa but keeps getting knocked back. She came in Australia about 12 years ago on tourist visa and stayed about over a year when she and her family granted a bridging visa. When they attempt to apply for permanent resident they had been refused and had to go back to their country which they did anyway.
Only DIAC can answer that one, it’s not looking good though, is it?
Hi Bob amazing website!
Both me and my boyfriend have been traveling in Australia for one year (not together) and we both love the country. We are in a committed relationship and live together, however he has enough skill points to gain a working visa and move over, I don’t is there a way we can both move together without being married, and am I able to work again there on his visa?
Look forward to your reply thanks Jen.
Hi Jenny
It is possible you could qualify as your boyfriends partner, but you will have to prove that you have both been in a long-term relationship, as if you were married. That might prove a little tricky as you have both been living apart for the last 12 months. I think the first thing you will be asked for are documents (bills in joint names, that sort of thing) linking you together for the last 12 months.
But I don’t know that much about it, perhaps somebody reading this website may be able to give you a better answer.
Hi Bob,
My mum from Hungary has overstayed her tourist visa last year by a few weeks. We have tried to apply this year but got refused because of the overstay. That general text in the e-mail says that if someone overstays, they will not be able to apply for 3 years after their last departure from Australia. This is sad but we understood the situation. My mum has been here 3 times in the last 5 years and she always left before her visa expired except for last year as she got ill and could not travel. I am now an Australian citizen and my sister has a temporary partner visa. My mum lives on her own in Hungary.
My question is: how hard will it be to apply for a tourist visa for my mum when we can, i.e. 2014 and how bad this visa application refusal will look on her profile when we apply next? Do you think she will get it next time or will they give her a hard time?
Thanks so much
Zsuzsa
Hi Zsuzsa
I can’t speak for the Australian Government, but I can tell you that I do personally know somebody who, quite a few years ago, overstayed his visa by quite some time. He was told not to bother applying for another visa, I think for 10 years. But once that period was up, he applied and was again granted a tourist visa and has now revisited this country several times.
So, hopefully, once your mothers time is “served”, it won’t be held against her, otherwise they may just as well ban her for life. So I think she will be okay.
Hi,
I’ve overstayed my visa in the UK. Will this prevent me from getting a visa for Australia? (I have lived/worked/left legally in Oz before)
Thanks!
I don’t know Joey, I do know the Australian Government really hate it when people overstay their visas here, but I just don’t know whether they would take it into account, or even know, that you overstayed elsewhere.