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Common Questions
- Are you a registered migration agent?Yes. Immigration assistance is given by Arash Barinder Singh (Arsh Dhillon), a registered migration agent.Who you are dealing with
- Are you a lawyer?No. No Worries Migration is an Australian migration practice.Who you are dealing with
- Do I need a migration agent?No. You are entitled to prepare and lodge your own application, and the Department publishes the forms and the requirements.Who you are dealing with
- My visa has been refused. What happens now?Read the decision letter first, and note the date you received it.If your visa is refused
- What is merits review, and can you act for me at the Tribunal?Merits review means the Tribunal looks at the decision afresh on the facts and the law, and can make a different decision.If your visa is refused
- What is judicial review? (general information)Judicial review is different from merits review.If your visa is refused
- What is a jurisdictional error? (general information)Broadly, a jurisdictional error is a legal error that goes to whether the decision-maker had the authority to make the decision they made.If your visa is refused
- Can you help me apply for judicial review?No. We do not provide immigration legal advice, and we do not prepare, file or run court proceedings for clients.If your visa is refused
- Where do I go for judicial review, or to find a lawyer?These are the official sources.If your visa is refused
- What do you charge?It depends on the matter, so we quote on the matter rather than publishing a price list.Fees, and how we work
- What happens to money I pay in advance?Money paid in advance for work not yet performed is held separately as client money and dealt with in accordance with the Code of Conduct .Fees, and how we work
- Can you guarantee I will get the visa?No. A registered migration agent cannot guarantee that a visa will be granted or that a review will succeed.Fees, and how we work
- What if I am not happy with the service?Notify us first – most problems are a misunderstanding and can be sorted out quickly.Fees, and how we work
Employer Sponsored
- Does the job title have to match an occupation on the list?The job title is not what decides it – the actual duties are.Does the job title have to match an occupation on the list?
- My current visa has No Further Stay. Can I still be sponsored?Possibly. A No Further Stay condition has to be waived before another substantive visa can be granted onshore, but for a sponsored pathway there is a route that does not…What if my current visa has a No Further Stay condition?
- My nomination was refused. Can I go to the Tribunal?Only your employer can.When something goes wrong
- My visa was refused. What now?Send us the complete decision letter and notify us how it reached you.When something goes wrong
- What if my employer withdraws the nomination, or the business closes?For the 186, the criteria require that the nomination has not been withdrawn and that the position is still available to you when the decision is made.When something goes wrong
- Can the visa be granted before the nomination is approved?No, where the visa criteria require an approved nomination – which they do for the 482, the 494 and the 186.When something goes wrong
- Is there a deadline I should worry about right now?If you are holding a letter from the Department or the Tribunal, assume there is, and check the date on it today.When something goes wrong
- I have an employer willing to sponsor me. What do I check first?Before choosing a visa, get these seven things on the table: your actual duties (not the job title), the occupation those duties match, the salary and work location, your…If you are the worker
- Can I apply in Australia if my current visa is about to expire?Possibly, but sponsorship does not override your current visa conditions or any bar on applying.If you are the worker
- Can employer sponsorship lead to permanent residence?Sometimes, and not automatically.If you are the worker
- Who applies – me, or my employer?Both of you. An employer-sponsored visa is not a single application – it is up to three decisions, each made separately, and each can be refused on its own: Sponsorship,…If you are the worker
- Can I pay my employer to sponsor me?No. Asking for, offering, receiving or providing a benefit in return for sponsorship is an offence under the Migration Act.If you are the worker
- Does my business need to be an approved sponsor?For a standard 482, and for a 494 in the Employer Sponsored stream, yes.If you are the employer
- Does my business need a minimum turnover, size or trading history?There is no universal figure for any of the three.If you are the employer
- Can a new business, or a sole trader, sponsor a worker?Potentially. Nothing excludes either by category.If you are the employer
- Can I sponsor a family member, or someone already working for me?Neither is barred by relationship or by existing employment.If you are the employer
- Does the job have to be genuine?Yes, and it is the requirement most nominations actually turn on.If you are the employer
- What is labour market testing, and how long do I have to advertise?Labour market testing asks the employer to show it has tested the Australian labour market before nominating an overseas worker, unless an exemption applies to the nomina…If you are the employer
- Do we have to advertise the job first?Often, yes. Labour market testing applies to some employer-sponsored nominations unless an exemption applies.If you are the employer
- What salary do we have to pay?Two separate questions, and clearing one does not clear the other.If you are the employer
- Who pays the levy, and can I ask the worker to cover the costs?The nomination training contribution charge is the nominator's, and the nomination cannot be approved unless any debt for it has been paid in full.If you are the employer
- What are my obligations once I am a sponsor?Sponsorship approval carries ongoing obligations, and they do not end when the visa is granted.If you are the employer
- What happens if my sponsored employee resigns?It matters, and it is time-sensitive on both sides.If you are the employer
Subclass 482
- Is the 482 still called the TSS visa?No. In the Regulations it is now headed Skills in Demand.Am I eligible?
- What are the requirements for a 482 visa?Three things have to line up, and they are decided separately: the employer , the position and you .Am I eligible?
- Which stream am I in?Three streams, and the employer's nomination decides which one.Am I eligible?
- Which occupations are eligible for a 482 visa?For the Core Skills stream, the occupation has to be on the Core Skills Occupation List , and the version that counts is the one in force when the nomination is made – no…Am I eligible?
- How many years of work experience do I need?Twelve months, and it does not have to be twelve months in a row.Am I eligible?
- Does part-time or casual work count?Yes. The Regulations say the work may have been carried out on a full-time, part-time or casual basis.Am I eligible?
- Do I need a skills assessment for a 482 visa?Not for every occupation.Am I eligible?
- Is there an age limit for a 482 visa?No. Part 482 contains no age criterion at all.Am I eligible?
- Do I need health insurance?Yes, and it is both a criterion and a condition.Am I eligible?
- Do I need an English test for a 482 visa?Yes, in the Specialist Skills and Core Skills streams, unless you are an exempt applicant.English requirements
- What English score do I need for a 482 visa?At least 5.0 in each of listening, reading, writing and speaking on IELTS , or the matching component scores on another approved test.English requirements
- Which English tests are accepted for a 482 visa?Eight: IELTS Academic, IELTS General Training, PTE Academic, TOEFL iBT, the Occupational English Test (OET), CELPIP General, LANGUAGECERT Academic and the Michigan Englis…English requirements
- Can I re-sit just one part of the English test?Yes. If you fell short in one component and re-sat it on a later day, the results from the original test day and the re-sit day are read together.English requirements
- How long is an English test result valid for a 482?Three years. The test day has to be no more than three years before the day you provide the evidence of your result.English requirements
- I sat my English test before 13 September 2025. Does it still count?Yes, if you sat it within the three years before you applied and reached the older scores in a single attempt.English requirements
- Am I exempt from the 482 English test?You are if you fall into one of five classes: you are a citizen of, and hold a valid passport issued by, Canada, New Zealand, the Republic of Ireland, the United Kingdom…English requirements
- Do five years of study in English exempt me?Yes, if it was five years of full-time study in a secondary or higher education institution where the instruction was delivered in English.English requirements
- Does a high salary exempt me from the English test?Not on its own. Salary appears in only one exemption, and all three parts of it have to be met: you are employed by a company operating an established business overseas,…English requirements
- Does my professional registration exempt me from the English test?It can. You are exempt if your nominated occupation requires a licence, registration or membership, you have been granted it, and to get it you had to show English at lea…English requirements
- Do my partner and children need to meet the English requirement?No. The criteria for family members applying with you contain no English requirement.English requirements
- Is the English requirement different in the Labour Agreement stream?Yes. In the Labour Agreement stream the English requirement, if there is one, is whatever the work agreement specifies for the occupation and the visa.English requirements
- Will my 482 English score be enough for a 186 later?Only if it reaches competent English.English requirements
- Can I apply for a 482 visa from within Australia?Yes. You may be in or outside Australia when the visa is granted – the only place you cannot be is in immigration clearance.Applying
- How much does a 482 visa cost, and how long does it take?Both change, and both are published by the Department rather than fixed in the Regulations.Applying
- Does my employer have to be an approved sponsor?Yes, for a standard 482.Applying
- Who pays – me or my employer?Some costs are the employer's by law and cannot be passed to you.Applying
- How long is a 482 visa granted for?Up to four years in most cases, and up to five years if you hold a Hong Kong passport.Once you hold the visa
- What salary does the job have to pay?Two tests, and the higher one wins.Once you hold the visa
- Can I bring my family?Yes. A member of your family unit can be granted a 482 on the secondary criteria, either by making a combined application with you or by being listed on the nomination.Once you hold the visa
- Can I travel in and out of Australia?Yes. The 482 is a multiple-entry visa: it permits travel to and entry into Australia on multiple occasions during the visa period.Once you hold the visa
- Can I study on a 482?The 482 carries no study condition.Once you hold the visa
- Can I change employers on a 482 visa?Yes, but condition 8607 sets the boundaries and there is a clock.Once you hold the visa
- What happens if I lose my job?The visa does not cease automatically, but the mobility period in condition 8607 starts running and the practical position is time-limited.Once you hold the visa
- Can I work for another employer while I look for a new sponsor?Yes, but only within the mobility period.Once you hold the visa
- Does a 482 lead to permanent residence?Not by itself. The 482 is a temporary visa.Where the 482 leads
- How long do I have to work before I can go for the 186?For the Temporary Residence Transition stream the employer's nomination has to satisfy the qualifying employment rules in regulation 5.19, and those should be checked aga…Where the 482 leads
- What happens if the nomination is refused?The nomination and the visa are separate decisions, and the visa cannot be granted unless the nomination has been approved and has not ceased.If something goes wrong
- Can I appeal a 482 refusal?Sometimes. Whether a visa refusal is reviewable, and by whom, is set by legislation and depends on where you were when you applied and on the sponsorship position at the…If something goes wrong
Subclass 186
- What are the requirements for a 186 visa?There are common criteria that everyone has to meet, then the requirements of whichever stream you are in.Am I eligible?
- Which stream am I in?Three: Temporary Residence Transition , Direct Entry and Labour Agreement .Am I eligible?
- Do I have to be under 45?At the time of application, yes, unless you are in a class of persons specified by the Minister in an instrument, or – in the Labour Agreement stream – the agreement itse…Am I eligible?
- Do I need competent English?For the Temporary Residence Transition and Direct Entry streams, yes at the time of application, unless you are in a class specified by the Minister in an instrument.Am I eligible?
- Do I need a skills assessment for a 186?For Direct Entry, generally yes.Am I eligible?
- Temporary Residence Transition: how long do I have to have worked?Two years, inside the three years before you apply.Am I eligible?
- I changed 482 employers. Does my earlier employment still count?It can. The two years is employment by an approved work sponsor in the occupation the visa was granted for, and the criteria do not require all of it to be with one busin…Am I eligible?
- Direct Entry: how many years of work do I need?Three years. You must have been employed in the occupation for at least three years on a full-time basis and at the level of skill the occupation requires, unless you are…Am I eligible?
- I hold a 491 or 494. Can I go straight to the 186?Not immediately. If you hold a regional provisional visa, or your last substantive visa was one, you must have held it for at least three years at the time of application…Am I eligible?
- Does my employer need to be an approved sponsor?Not as a separate application.Am I eligible?
- Can I apply for a 186 from within Australia?Yes. You may be in or outside Australia when the visa is granted, but not in immigration clearance.Applying
- How long after the nomination is approved do I have to lodge?Six months, and it applies to Temporary Residence Transition and Direct Entry alike.Applying
- What salary does the nomination have to meet?For subclass 186 nominations lodged 1 July 2026 to 30 June 2027, the Core Skills Income Threshold of AUD 79,423 applies.Applying
- Can my family be included?Yes. A member of your family unit can be granted a 186 on the secondary criteria.Applying
- Is the 186 permanent straight away?Yes. The 186 is a permanent visa from the day it is granted.Once you hold it
- Are there conditions on a 186?Very few. If you are outside Australia when it is granted, a first entry date is specified, and condition 8515 may be imposed on a family member granted on the secondary…Once you hold it
- Do I have to stay with the employer after the 186 is granted?No visa condition ties you to the nominating employer once the 186 is granted.Once you hold it
- Can I change employer while my 186 application is pending?Not safely. The visa can only be granted while the nominated position is still available to you, so resigning before a decision generally ends the application.Once you hold it
- What if the nomination is refused?The nomination and the visa are separate decisions and the visa cannot be granted unless the nomination has been approved and has not been withdrawn.If something goes wrong
- What if I turn 45 before I apply?The age is tested at the time of application, so turning 45 before you lodge is decisive unless you fall within a class specified by the Minister in an instrument, or the…If something goes wrong
Subclass 494
- What are the requirements for a 494 visa?Common criteria first: the public interest and special return criteria, an approved nomination that has not ceased, a genuine intention to perform the occupation and a ge…Am I eligible?
- Which stream am I in?Two: Employer Sponsored and Labour Agreement .Am I eligible?
- Do I have to be under 45?At the time of application, yes, unless circumstances specified by the Minister in an instrument apply.Am I eligible?
- Do I need competent English?In the Employer Sponsored stream, yes at the time of application, unless specified circumstances apply.Am I eligible?
- Do I need a skills assessment?In the Employer Sponsored stream, generally yes.Am I eligible?
- How many years of experience do I need?Three years. At the time of application you must have been employed in the nominated occupation for at least three years on a full-time basis and at the level of skill th…Am I eligible?
- What salary must the job pay?For subclass 494 nominations lodged 1 July 2026 to 30 June 2027, the Temporary Skilled Migration Income Threshold is AUD 79,423 .Am I eligible?
- Does my employer need to be a standard business sponsor?For the Employer Sponsored stream, yes .Am I eligible?
- What is the regional body’s role in a 494?A regional certifying body assesses whether the job pays the annual market salary rate, and gives that advice to the Department as part of your employer’s nomination.Am I eligible?
- What counts as regional Australia for a 494?The Department’s current position is that designated regional areas include all of Australia except Sydney, Melbourne and Brisbane .The regional requirement
- Is the Gold Coast regional for a 494?Yes, on the current settings.The regional requirement
- Where do I have to live, work and study?Only in a designated regional area, for as long as condition 8579 applies.The regional requirement
- Can I apply from within Australia?Yes. You may be in or outside Australia when the visa is granted, but not in immigration clearance.The regional requirement
- Can my family come?Yes. Members of your family unit can be granted a 494 on the secondary criteria and their visa runs for five years from the date your visa was granted, not from theirs.The regional requirement
- How long is a 494 granted for?Five years from the date of grant.Once you hold it
- What conditions apply to a 494?Five, and all of them are mandatory on the primary visa.Once you hold it
- Can I change employers on a 494?Yes, within the limits of condition 8608, and the new position still has to be in a designated regional area.Once you hold it
- How do I get permanent residence from a 494?Through the subclass 191 , and you can generally apply once you have held the 494 for at least three years.Getting to permanent residence
- Is there a minimum income requirement for the 191?No. The Department states plainly that there is no minimum income requirement for the subclass 191 Regional Provisional stream.Getting to permanent residence
- Do I have to stay with the same employer for three years to get the 191?No. The 191 asks whether you held an eligible 491 or 494 for the required period, provided the Notices of Assessment and complied with the conditions of that visa.Getting to permanent residence
- Does the 191 have to be decided before my 494 expires?No. What has to happen inside the life of the 494 is the application, not the decision.Getting to permanent residence
- Can I apply for a partner visa or a 186 while I hold a 494?Not in the first three years, in most cases, and this catches people whose circumstances change.Getting to permanent residence
- Do I have to stay in the region the whole time?Yes, while the regional condition applies to you.Getting to permanent residence
- What if the nomination is refused?A nomination refusal is generally fatal to the visa application attached to it, because the visa cannot be granted unless the nomination has been approved under section 1…If something goes wrong
Partner & Family
- Is it one application or two?Two, made together. The 820 application must be made at the same time and place as the 801 application, and offshore the 309 must be made at the same time and place as th…Which partner visa applies?
- We are engaged but not married yet. Is there a visa for that?The Prospective Marriage visa, subclass 300.Which partner visa applies?
- Can our children be included in the application?A dependent child can be included.Which partner visa applies?
- Do we have to be married?No. The Act recognises both a spouse and a de facto partner , and the partner visas are open to either.Do we have to be married?
- We have not been together 12 months. Is that the end of it?Not necessarily. The 12-month requirement does not apply where the relationship is registered under a State or Territory law prescribed for this purpose.What if we have not been together 12 months?
- What does the Department consider?Four areas, set out in the Regulations: the financial aspects of the relationship; the nature of the household; the social aspects of the relationship; the nature of your…How do we prove the relationship?
- How much evidence is enough?There is no prescribed number of documents.How do we prove the relationship?
- Do we need a joint bank account?No. Nothing is compulsory simply because it is commonly used.How do we prove the relationship?
- Can we rely only on Form 888 declarations?No. Statements from friends and family can support the social and overall relationship evidence, but they do not replace evidence about the couple's own financial arrange…How do we prove the relationship?
- Do we have to be living together?Not always. The statutory definitions require that the couple live together, or do not live separately and apart on a permanent basis.How do we prove the relationship?
- I am in Australia. Can I automatically apply for an 820/801 because my partner is Australian?No. The relationship is only one part of the assessment.Can I apply for a partner visa in Australia?
- I hold a subclass 491 or 494 visa. Can I apply for an onshore partner visa?Not until you have held that visa for three years.Can I apply for a partner visa in Australia?
- I am in Australia on a visitor visa. Can I apply for a partner visa here?Three things about your own visa decide it, and each is explained on this page: The conditions on your visitor visa.From a visitor visa to a partner visa
- Has the Government changed visitor visas so I cannot apply for a partner visa in Australia?Not in law, as at the announcement.From a visitor visa to a partner visa
- I am planning to come to Australia on a visitor visa and apply for a partner visa. What should I check first?Read your visitor visa grant notice when it arrives.From a visitor visa to a partner visa
- What does “section 48 barred” mean?Section 48 can apply to a person who is in Australia, does not hold a substantive visa, and since last entering Australia has had a visa application refused or a visa can…Can I apply for a partner visa if section 48 applies?
- I had a Student or Visitor visa refused and now hold a bridging visa. Can I apply?Potentially. A Student, Visitor or other non-partner refusal after your last entry can cause section 48 to apply once you no longer hold a substantive visa.Can I apply for a partner visa if section 48 applies?
- I previously had a partner visa refused. Can I lodge another 820/801 in Australia?Possibly not, and it turns on which visa was refused.Can I apply for a partner visa if section 48 applies?
- Does leaving Australia on a Bridging Visa B reset section 48?No. The Act provides that a person who leaves and re-enters the migration zone while holding a bridging visa is taken to have been continuously in the migration zone for…Can I apply for a partner visa if section 48 applies?
- What is Schedule 3, and how is it different from section 48?They are separate questions.What is Schedule 3, and when does it apply?
- My visa expired more than 28 days ago. Does that mean I cannot apply?Not automatically, but it can make the application substantially more complex.What is Schedule 3, and when does it apply?
- I am on a bridging visa. Does that always mean Schedule 3 applies?Generally yes, because a bridging visa is not a substantive visa.What is Schedule 3, and when does it apply?
- My visa has condition 8503 “No Further Stay”. Can I still lodge?Not unless the condition has been waived.What if my visa has a No Further Stay condition?
- Work rights at a glanceThe first question is always which visa is currently in effect .Can I work while my partner visa is being processed?
- Do I automatically get work rights when I lodge an onshore partner visa?Not immediately in every case.Can I work while my partner visa is being processed?
- I lodged while holding a Visitor visa. Can I start working?Not merely because the partner application was lodged.Can I work while my partner visa is being processed?
- I lodged while holding a Student visa. Do the study and work limits disappear?No. Student visa conditions continue to apply for as long as the Student visa remains in effect.Can I work while my partner visa is being processed?
- I am section 48 affected. Will I still get a BVA with full work rights?Do not assume so. A person to whom section 48 applies may still be able to make a valid Partner (Residence) Class BS application, because that class is prescribed for sec…Can I work while my partner visa is being processed?
- I have a Bridging Visa C. Can I work after lodging the partner visa?Not automatically. A BVC granted in the ordinary circumstances of an applicant who does not hold a substantive visa can be subject to condition 8101 – no work .Can I work while my partner visa is being processed?
- I have a Bridging Visa E. Does lodging a partner visa give me work rights?No. Work rights are not automatic merely because a valid partner application has been lodged.Can I work while my partner visa is being processed?
- What evidence is needed to ask for work rights on financial hardship?Where work rights depend on establishing financial hardship, the evidence should show the person's actual financial position.Can I work while my partner visa is being processed?
- What work rights do I have once the subclass 820 is granted?The Regulations prescribe nil conditions for the subclass 820, so the visa itself contains no condition restricting work or study.Can I work while my partner visa is being processed?
- Can I travel overseas while my 820 is being processed?If you are relying on a Bridging Visa A , that is not the visa used to leave Australia and return.Can I travel overseas while the application is being processed?
- I have a Bridging Visa C or E. Can I get a Bridging Visa B to travel?Generally a Bridging Visa B applicant must currently hold a Bridging Visa A or Bridging Visa B.Can I travel overseas while the application is being processed?
- Will leaving Australia cancel my partner visa application?Travelling while an onshore partner application is pending does not automatically mean the application is withdrawn, but the effect on your bridging visa and on your abil…Can I travel overseas while the application is being processed?
- What is the difference between the 309 and the 820?The subclass 309/100 pathway is applied for while the applicant is outside Australia.What if we are applying from outside Australia?
- Can I visit Australia while my 309 is being processed?Potentially, if you separately hold or obtain a visa that allows the visit.What if we are applying from outside Australia?
- My partner has sponsored someone before. Can they sponsor me?Possibly. Regulation 1.20J imposes numerical and five-year limits on partner sponsorships.Who can sponsor a partner visa applicant?
- My sponsor only recently became a permanent resident through their own partner visa.A previous partner permission granted to the proposed sponsor can engage the five-year sponsorship restriction.Who can sponsor a partner visa applicant?
- My sponsor has a criminal record. Does that stop the partner visa?Not every conviction prevents sponsorship.Who can sponsor a partner visa applicant?
- How long until permanent residence?Generally at least two years from the date the combined application was made.When is the permanent visa decided?
- Do I need to lodge another visa application for the 801 or 100?The permanent stage forms part of the combined partner application, so a new ordinary partner visa application is not lodged and there is no second ordinary partner visa…When is the permanent visa decided?
- What if I am granted another visa while waiting for the 801 or 100?Get advice before applying for or accepting another substantive visa.When is the permanent visa decided?
- Do we always have to wait two years for the permanent visa?No. The usual rule is that at least two years must have passed since the application was made before the permanent stage is decided.When is the permanent visa decided?
- My 820 ceased when the 801 was refused and the Tribunal sent it back. Can the 801 still be granted?There is a provision for this.When is the permanent visa decided?
- We married after lodging as de facto partners. Do we need to tell the Department?Yes. Changes in relationship status and other material circumstances should be updated with the Department.What if something changes after we lodge?
- We had a baby after lodging. What should we do?Notify the Department and update the application with the child's details and supporting documents.What if something changes after we lodge?
- Can I change sponsor after lodging?Generally, a new partner cannot simply be substituted into the existing partner visa application.What happens if the relationship ends?
- What happens if our relationship ends before the permanent visa?Ordinarily the relevant criteria require the relationship with the sponsoring partner to continue.What happens if the relationship ends?
- My sponsor died before the temporary visa was even decided. Does that end it?There is a provision for the temporary stage as well, not only the permanent one.What happens if the relationship ends?
- My sponsor has died. Is the application over?Not necessarily. The Regulations contemplate exactly this.What happens if the relationship ends?
- Our relationship has ended but we have a child together. Is there a pathway?There may be. Separately from the family-violence provisions, the Regulations provide for an applicant whose relationship has ceased where the applicant has custody or jo…What happens if the relationship ends?
- I am experiencing family violence. Do I have to stay with my sponsor?No. Australian partner visa law contains family-violence provisions so that an eligible applicant is not required to remain in a violent relationship solely because of th…What if I am experiencing family violence?
- How does the law decide that family violence has been experienced?It is defined, and there are four routes.What if I am experiencing family violence?
- There is no court order. Can a claim still be made?Yes. That is what the non-judicially determined route is for.What if I am experiencing family violence?
- Who actually decides whether the violence happened?On a non-judicially determined claim, if the Minister is not satisfied that the alleged victim experienced the violence, the Regulations require the Minister to seek the…What if I am experiencing family violence?
- Will what I put in the statutory declaration be used against me elsewhere?The Regulations restrict where these documents can be used.What if I am experiencing family violence?
- I am offshore on a 309 and the relationship has ended because of family violence. Does the provision still help me?Read the clause carefully, because the offshore provision is not identical to the onshore one.What if I am experiencing family violence?
- Does it matter if something in our history looks bad?False or misleading information, or bogus documents, can engage public interest criterion 4020.What happens if information in the application is wrong?
- Our partner visa was refused. Can we go to the ART?Some partner visa refusals are reviewable by the Administrative Review Tribunal , but not every refusal carries the same review rights, and the person entitled to apply i…What if the partner visa is refused?
- Our 309 was refused. Who applies to the Tribunal – me or my sponsor?For an offshore partner visa refusal, the review right belongs to the sponsor , not the visa applicant.What if the partner visa is refused?
- How long do we have to apply to the ART, and can that time be extended?The Act sets the period and then removes the power to extend it.What if the partner visa is refused?
Skilled Migration
- What is the difference between them?The 189 is independent – no nomination, no sponsor, permanent from grant.What is the difference between the 189, 190 and 491?
- My visa has a No Further Stay condition. Does that stop a skilled visa?Not necessarily, and this is one of the few places where a No Further Stay condition has a way through that does not depend on hardship.What do all three visas require?
- When is my eligibility measured?At the time of invitation.What do all three visas require?
- What happens if I am over 45?In practice you are unlikely to be invited at all.What do all three visas require?
- I already hold a 491 or a 494. Can I apply for a 189 or 190?Not immediately. If you hold, or last held, a 491 or 494, you must have held it for at least three years when you apply, unless the Minister has specified circumstances t…What do all three visas require?
- What if my skills assessment or English test expired before I was invited?Then it was not in place when the law measures you, which goes to whether you met the criteria at all.When do I need a skills assessment?
- Does competent English earn me points?No. Competent English is the threshold you have to meet to qualify at all.What English do I need?
- How are points awarded?Points are prescribed in a Schedule with fourteen Parts.How are points awarded?
- Can my partner's skills add points?Yes, there is a Part of the points test for partner qualifications.How are points awarded?
- Can I just apply for a 189 or a 190?No. These are invitation-only visas.What is an Expression of Interest?
- My State nomination was withdrawn. What does that do?It goes to whether the visa can be granted.What does State or Territory nomination do?
- Who can sponsor me for a 491?Either a State or Territory government agency nominates you, or an eligible relative sponsors you.What does State or Territory nomination do?
- Does more points always mean an invitation?No. Points get you into the pool and rank you within it.How are invitations issued?
- What conditions come with a 491?Four conditions must be imposed.What conditions come with a subclass 491?
- What does the 191 require?There is no points test, no invitation, no English requirement and no skills assessment at this stage.How does a 491 lead to permanent residence?
- Is it just three years and then permanent residence?It is tighter than that.How does a 491 lead to permanent residence?
- Is there a minimum income for the 191?No. The Regulations contain a taxable-income limb, but it is drafted entirely by reference to an amount specified in a legislative instrument, and it says the Minister ma…How does a 491 lead to permanent residence?
- What conditions apply to a 191?None. The 191 is a permanent visa and the Regulations impose no conditions on it.How does a 491 lead to permanent residence?
- My application was refused. Can I go to the Tribunal?Sometimes, and the decision letter is what tells you.What if my application is refused?
- Can I still apply for a subclass 132 Business Talent visa?No. The Subclass 132 (Business Talent) visa was repealed on 1 July 2021, so no new application can be made.What happened to the subclass 132 Business Talent visa?
- My subclass 132 application was refused. Can the ART review it?It depends on where you were when you applied.What happened to the subclass 132 Business Talent visa?
Subclass 485
- Who can apply for a 485 visa?International students who have recently finished study in Australia.Who can apply for a 485 visa?
- What is the age limit for a 485 visa?35 or younger when you apply.Who can apply for a 485 visa?
- Do I need to hold a student visa when I apply?Usually, but not always.Who can apply for a 485 visa?
- Do I have to be in Australia to apply?For a first 485, yes.Who can apply for a 485 visa?
- I have held a 485 visa before. Can I get another one?Only in limited cases.Who can apply for a 485 visa?
- My visa has condition 8534. Can I still apply for a 485?Yes. Condition 8534 stops the holder being granted most substantive visas in Australia, but it expressly carves out the subclass 485.Who can apply for a 485 visa?
- What is the difference between the Post-Higher Education Work and Post-Vocational Education Work streams?The kind of qualification you hold.Which 485 stream applies to you?
- Which qualifications count for the Post-Higher Education Work stream?A bachelor degree, a masters degree, a doctoral degree, or a graduate diploma, awarded by an Australian educational institution under the Australian Qualifications Framew…Which 485 stream applies to you?
- Does my diploma have to match my occupation?Yes, for the Post-Vocational Education Work stream.Which 485 stream applies to you?
- Can I change stream after I apply?No. The application nominates one stream and there is nothing in the Regulations that lets you switch once it is lodged.Which 485 stream applies to you?
- What study counts towards a 485?The course or courses must, together: be registered (CRICOS) courses; have been completed in a total of at least 16 calendar months ; add up to at least two academic year…The study requirement and the six-month deadline
- When does the six months to apply start?From the day you completed the course, which means the day you were told you had met all the academic requirements.The study requirement and the six-month deadline
- My results were held back because I owed fees. Does that change the date?No. If your results were withheld over unpaid fees or a library fine, the Department generally treats completion as the date you met the academic requirements.The study requirement and the six-month deadline
- I finished more than six months ago. Is there any way to apply?Not for a first 485. The six months is written into the criteria for both streams, and the concession that once extended it for students caught outside Australia by COVID…The study requirement and the six-month deadline
- What English test score do I need for a 485?For IELTS Academic or General Training, an overall band of at least 6.5 , with at least 5.5 in each of the four components.English language requirements
- Do I need an English test if I have a UK, US, Canadian, New Zealand or Irish passport?No. Holding a passport of a type the Minister specifies satisfies the requirement, and the specified passports are those of the United Kingdom, the United States, Canada,…English language requirements
- What documents must be included when I apply?Three things have to be with the application when it is made .What must be lodged with the application
- Which police check do I need?An Australian Federal Police check.What must be lodged with the application
- What health insurance do I need?Adequate health insurance, evidenced when you apply and held continuously from then on.What must be lodged with the application
- Do I need a skills assessment?Only for the Post-Vocational Education Work stream.What must be lodged with the application
- How long is a 485 visa?It depends on the stream and what you studied.How long is a 485 visa?
- I have an Indian passport. Is my 485 longer?It can be. Under the Australia–India Economic Cooperation and Trade Agreement, Indian nationals in the Post-Higher Education Work stream keep the longer periods: bachelor…How long is a 485 visa?
- Can I get a second Post-Higher Education Work visa?Yes, if the regional requirements are met.A second 485 in a regional area
- Which areas count as regional for a second 485?The Department works with two categories.A second 485 in a regional area
- What evidence shows I lived in a regional area?Anything that shows your home address over the two years.A second 485 in a regional area
- What is condition 8610?The condition on a second Post-Higher Education Work visa granted on the regional basis, and on the family members who come with it.A second 485 in a regional area
- Can my partner and children come on my 485?Yes. Members of your family unit can be included in your application, or can apply separately later to join you once you hold the visa.Partners and children
- Can my partner work on a 485?Part 485 imposes no condition limiting work, for you or for your family members.Partners and children
- How long do family members get?Family members are generally granted a visa that ends on the same date as the main applicant’s.Partners and children
- How much does a 485 visa cost?From 1 July 2026, the base charge for most applicants is $5,750 .Cost and applying
- How do I apply?Online, through ImmiAccount.Cost and applying
- Will I get a bridging visa while my 485 is processed?If you held a substantive visa, such as your student visa, when you made a valid 485 application in Australia, you can be granted a Bridging A visa that keeps you lawful…Cost and applying
- Can a 485 lead to permanent residence?Not directly. The 485 has no permanent stage of its own.After the 485
- My 485 application was refused. What now?Read the decision record for the review deadline first.After the 485
Visa Fees
- What does the estimate cover?The visa application charge the Department will ask for when you apply, including any charge for family members and the subsequent temporary application charge.How visa application charges work
- What makes up the visa application charge?Two instalments. The first is paid when you apply.How visa application charges work
- What is the subsequent temporary application charge?An extra charge on some temporary visas applied for in Australia, where the visa you hold now, or the last substantive visa you held, was also applied for in Australia.How visa application charges work
- Why does the fee depend on my passport?Some visas carry a lower charge for holders of particular passports.How visa application charges work
- Can the charge be refunded?Only in the circumstances the Regulations list or the Minister specifies.How visa application charges work
- Does the estimate include your professional fees?No. The estimate is the Government’s charge only.How visa application charges work
Processing Times
- Does the processing order decide whether my visa is granted?No. A processing Direction sets the order in which the Department reaches applications.How processing priorities work
- Does a new Direction apply to an application I lodged before it started?For the skilled and family Directions, yes.How processing priorities work
- Can my application be moved up the queue?Only in limited cases, and the test differs by Direction.How processing priorities work
- What if the Tribunal sends my application back to the Department?It depends on the visa.How processing priorities work
- Why has the published processing time gone backwards?The Department’s notes on the skilled visas say that, as it moves applications onto the new priorities under Directions 121 and 122, processing timeframes may fluctuate.How processing priorities work
- What do the 25%, 50%, 75% and 90% figures mean?They come from the Department’s processing time guide, which it says is based on how long it has taken to process recently decided applications .How processing priorities work
Visitor & Short Stay
- What is the difference between a 600 and an eVisitor?The eVisitor is limited to holders of an eVisitor eligible passport, and it can only be granted while you are outside Australia.What is the difference between a subclass 600 and an eVisitor?
- Can I work on a visitor visa?No. Condition 8101 prohibits work and it is mandatory on the Tourist and Sponsored Family streams.Can I work or study on a visitor visa?
- Can I study while I am here?Up to three months. Condition 8201 caps study or training at that, and it is imposed on visitor and eVisitor visas.Can I work or study on a visitor visa?
- Can I keep extending a visitor visa?Not indefinitely. A visitor visa cannot be granted if the grant would let you stay in Australia for more than 12 consecutive months on a combination of visitor visas, Wor…Can I keep extending a visitor visa?
- My visitor visa has expired and I am still here.Applying onshore is much harder in that position.Can I apply for another visa if my current one has expired?
- What is the subclass 400 for?Short, highly specialised, non-ongoing work.What is the subclass 400 Short Stay Specialist visa for?
- How long does a 400 last?Six months after first entry is the ceiling, not an entitlement.What is the subclass 400 Short Stay Specialist visa for?
- Can I do any work on a 400?Only the work the visa was granted for.What is the subclass 400 Short Stay Specialist visa for?
- Can I perform or work on a production on a 400?No. The Highly Specialised Work stream excludes performing as an entertainer under a contract or for non-profit purposes, supporting entertainers, and taking part in film…What is the subclass 400 Short Stay Specialist visa for?
- What does the 408 actually cover?A list of specified activities rather than a single purpose.What does the subclass 408 Temporary Activity visa cover?
- How long can a 408 be granted for?It depends which clause you come in under.What does the subclass 408 Temporary Activity visa cover?
- I am pursuing a claim against an employer who exploited me.There is a workplace justice clause in the 408, and a visa granted on that basis can run for up to four years.What does the subclass 408 Temporary Activity visa cover?
- What else does the 408 require?Adequate health insurance for your stay, adequate means to support yourself, and that you do not already hold a permanent visa or a temporary visa the Minister has specif…What does the subclass 408 Temporary Activity visa cover?
- What does No Further Stay prevent?Condition 8503 means that once you have entered Australia you are not entitled to be granted another substantive visa while you remain here.What if my visa has a No Further Stay condition?
- Can condition 8503 be waived?Yes, and there is more than one route.What if my visa has a No Further Stay condition?
- If 8503 is waived on the skilled route, can I then apply for anything?No. Where condition 8503 has been waived under that provision, an application for a substantive visa is valid only if it is for a General Skilled Migration visa, or a sub…What if my visa has a No Further Stay condition?
- Does breaching a condition matter if nobody notices?It matters later. Two of these visas are decided partly on whether you complied substantially with the conditions on your last visa, so a breach follows you into the next…What happens if I breach a visa condition?
- My application was refused. Can I go to the Tribunal?Often not. Visitor refusals are the area where review rights most often do not exist, so read the decision letter before assuming there is one.My visitor visa was refused. Can I go to the Tribunal?
Refusals & ART Review
- My application has been refused. What do I do first?Read the letter and work out two dates: the date of the decision, and the day you are taken to have been notified of it.What should the refusal letter tell you?
- Which date does the deadline run from?From the day you are notified , and the Act fixes that day rather than leaving it to when the letter was opened ( s.494C ).How long do I have to apply for review?
- The letter went to my agent, not to me.If an authorised recipient has been named, the Department gives the document to that person, and doing so counts as giving it to you ( s.494D ).How long do I have to apply for review?
- Can the time be extended if I have a good reason?No. The Tribunal’s general power to extend the period for applying is switched off for migration and protection decisions ( s.347(5) ), and the fee has to be paid as part…How long do I have to apply for review?
- My letter says there is no right of review. Is that the end of it?Often it is. Not always, though: review rights turn on which subsection of s.338 your decision falls under, and some of the gateways depend on facts inside your own appli…Does my refusal carry a right of review?
- I applied from outside Australia. Do I have anything?Sometimes. An offshore refusal is reviewable where the visa required a sponsor or nominator who is an Australian citizen, a permanent visa holder, an eligible New Zealand…Does my refusal carry a right of review?
- I was refused. Is the review mine to lodge?For an onshore visa refusal, yes, and you must be in Australia when you make the review application ( s.347A(1)(a), s.347A(2) ).Who is entitled to apply for the review?
- Our nomination was refused. Can the worker apply for the review?No. A decision under s.140GB(2) to refuse to approve a nomination is a reviewable decision ( reg 4.02(4)(d) ), and the person who may apply is the person who made the nom…Who is entitled to apply for the review?
- The business was refused approval as a sponsor.That is a decision under s.140E and it is separately reviewable ( reg 4.02(4)(a) ).Who is entitled to apply for the review?
- Why did we get more than one refusal letter?Because employer sponsorship is built as separate decisions.Sponsorship, nomination and the visa are three decisions.
- The nomination was refused and the worker’s visa was refused too.Read them as two files with two deadlines.Sponsorship, nomination and the visa are three decisions.
- What can the Tribunal do?It reviews the decision on the merits, which means it decides the matter again on the material before it ( s.348 ).What does the Tribunal do, and what does it cost?
- What does it cost?A fee is prescribed by the Regulations and is payable as part of making the application, not afterwards ( s.347(2)(c) , reg 4.13(1) ).What does the Tribunal do, and what does it cost?
- How long will it take?The Act sets no general period for deciding a migration review.What does the Tribunal do, and what does it cost?
- Will there be a hearing?Usually, but not always.Will there be a hearing, or is it decided on the papers?
- Can I ask for my review to be expedited?Yes, and in some cases you do not have to ask.Can I ask the Tribunal to deal with my case sooner?
- What counts as exceptional circumstances?The Tribunal gives three examples of when it may be satisfied a review is urgent and it is appropriate to expedite it: expediting the review will result in a child under…Can I ask the Tribunal to deal with my case sooner?
- How is the request made?The Tribunal sets a different route for each ground.Can I ask the Tribunal to deal with my case sooner?
- Does asking change my deadline?No. Expedition is about how quickly a review that has already been made is dealt with.Can I ask the Tribunal to deal with my case sooner?
- If we win the nomination review, does the worker get the visa?Not automatically. The Tribunal can set the nomination refusal aside and send it back, and it can order that the nomination is taken to have met a specified criterion for…If the Tribunal sends it back, do I get the visa?
- Is there anything after the Tribunal?There is a request for Ministerial intervention.What is there after the Tribunal?
- Can I appeal the Tribunal’s decision to a higher panel?Not within the Tribunal.What is there after the Tribunal?
- What does No Worries Migration do at this stage?We answer requests for information and comment before a decision is made, we prepare and run merits review at the Administrative Review Tribunal, and we prepare Ministeri…What is there after the Tribunal?
- The refusal was made under section 501.Then it is not a Part 5 review.Character refusals run on a different clock.
- What is the 84-day rule?A section 501 review left undecided for 84 days is taken to be affirmed.Character refusals run on a different clock.
- Can I just apply again?Offshore, generally yes.Can I just apply again after a refusal?
- The refusal mentioned public interest criterion 4020.That is the bogus document and false or misleading information criterion.Exclusion periods and the integrity criteria.
- I have been told there is a three-year exclusion.Two criteria do this.Exclusion periods and the integrity criteria.
- What happens to my status while the review runs?Your status is decided separately from the review.What happens to my status while the review runs?
Visa Cancellation
- Is a NOICC the same as a visa cancellation?No. A notice of intention to consider cancellation means the Department is considering whether to cancel and is giving you an opportunity to respond under the relevant pr…If you have received a notice
- What should I do first if I receive a notice?Read the whole notice, identify the provision it names and check the response date.If you have received a notice
- How long do I have to respond?There is no single period that safely covers every kind of cancellation notice.If you have received a notice
- Can I ask for more time to respond?Where the period is a prescribed one, the Act allows the Minister to extend it by a prescribed further period, and the Regulations prescribe 5 working days.If you have received a notice
- What if I do not respond?The decision can be made without you.If you have received a notice
- Should I respond if I think the Department has it plainly wrong?Yes. If you have been invited to respond, the invitation is the opportunity to correct it.If you have received a notice
- The notice does not say what information they are relying on.It is meant to. Section 120 requires the decision-maker to give you particulars of the relevant information: information that would be the reason or part of the reason fo…If you have received a notice
- Should I send every document I have?No. A focused response is more useful than an unsorted bundle.If you have received a notice
- Is there one cancellation power or several?Several, and which one is being used changes the procedure.The cancellation powers
- What are the section 116 grounds?The main ones are that a fact the grant was based on no longer exists or never existed, that the holder has not complied with a condition of the visa, that another person…The cancellation powers
- Can they be made to cancel, rather than choosing to?Yes. Both section 109 and section 116 say that where prescribed circumstances exist the Minister must cancel rather than may.The cancellation powers
- Can the Department cancel my visa without warning?In some regimes prior notice is required and in others it is not.The cancellation powers
- Can my visa be cancelled while I am outside Australia?Yes, and without notice first.The cancellation powers
- Can a permanent visa be cancelled?Yes, under some provisions.The cancellation powers
- Can the Department cancel my visa for breaching a visa condition?Breach of a condition is a ground under section 116.Conditions, work and study
- Can my visa be cancelled for breaching work restrictions if I was being exploited?There is protection here, and it is in the Regulations rather than in policy.Conditions, work and study
- Can my employer cancel my visa?No. Home Affairs puts it plainly: employers cannot cancel your visa, even if you have breached your visa conditions, and only the Department, including the Australian Bor…Conditions, work and study
- Can my visa be cancelled because I stopped working for my sponsor?A change in sponsored employment can have consequences, but what they are depends on the subclass, the conditions attached, the sponsorship position and the power being c…Conditions, work and study
- Can a student visa be cancelled?Yes. Student visas are exposed to the general grounds and to a student-specific one: a holder who is not, or is likely not to be, a genuine student, or who has engaged in…Conditions, work and study
- Can the Department cancel my visa for giving incorrect information?Potentially. Sections 101 to 109 set out the obligations about information and documents and the procedure that can follow non-compliance.Conditions, work and study
- What if the wrong information was an honest mistake?The circumstances in which it was given are one of the prescribed matters, so it is relevant.Conditions, work and study
- What is mandatory cancellation under section 501?The Minister must cancel where two things are both true: the person does not pass the character test because of a substantial criminal record or a sexually based offence…Character cancellation
- What counts as a substantial criminal record?It is defined. It includes a sentence of imprisonment for 12 months or more, and two or more sentences where the total is 12 months or more.Character cancellation
- What happens after a mandatory cancellation?Revocation. The person must be given written notice and the particulars of the relevant information, and invited to make representations about revoking the decision.Character cancellation
- What is Direction no. 110?A direction given under section 499 of the Act, commenced on 21 June 2024, which revoked Direction no.Character cancellation
- Will I become unlawful straight away?Possibly, if no other visa is in effect.After a cancellation
- Can I work after my visa is cancelled?Your work rights come from the visa that is in effect after the cancellation and the conditions on that visa.After a cancellation
- What happens to my bridging visa if another visa is cancelled?Do not assume a bridging visa will hold your status.After a cancellation
- Can I apply for another visa after a cancellation?Sometimes. Section 48 and other bars can restrict what may be applied for in Australia after certain cancellations, and exclusion periods or other criteria may apply as w…After a cancellation
- Does section 48 apply after every cancellation?No. It is technical. It depends on the person being in the migration zone without a substantive visa, and on the cancellation having been made under one of the provisions…After a cancellation
- Can I apply for a partner visa after my visa is cancelled?Possibly. Partner classes are among those prescribed for section 48 purposes, which is why they come up.After a cancellation
- What happens to my family if my visa is cancelled?Where the cancellation is under section 109, 116, 128, 133A, 133C or 137J, a visa held by another person because of being a member of your family unit is also cancelled.After a cancellation
- Does a cancellation create a three-year ban?Not automatically, and not always three years.After a cancellation
- Will a cancellation affect future visa applications?It can. Later applications ask about previous cancellations and about compliance with the conditions of previous visas, and a cancellation can engage section 48, exclusio…After a cancellation
- Can I just ask for my own visa to be cancelled?Not without checking the consequences first.After a cancellation
- Can I ask the Tribunal to review a cancellation?Some cancellation decisions can be reviewed by the Administrative Review Tribunal and some cannot.Review and representation
- How long do I have to apply to the Tribunal?Use the period stated in the decision letter.Review and representation
- Can the Tribunal give me more time if I miss the deadline?For a migration review application the Tribunal states that it has no power to extend the statutory time limit.Review and representation
- Is a mandatory character cancellation reviewed by the Tribunal?Not in the same way. The statutory revocation process under section 501CA comes first.Review and representation
- Can No Worries Migration represent me at the Tribunal?Yes, within a registered migration agent’s authorised scope.Review and representation
Ministerial Intervention
- What is Ministerial intervention?After the Administrative Review Tribunal has decided a review, section 351 lets the Minister substitute a decision that is more favourable to the applicant, “if the Minis…How the power works
- When can a request be made?Once the Tribunal has made its decision.How the power works
- Is there a deadline or a fee?The Instructions set no time limit for making a request and mention no charge.How the power works
- What does the Minister expect while a request is pending?The Instructions start from the expectation that a person who has not been granted a visa through the statutory process will leave Australia.How the power works
- Which requests go to the Minister?Those that meet at least one of the ten criteria in section 13 of the Instructions.The section 13 criteria
- What evidence does the skilled-occupation criterion need?The occupation has to be on the MLTSSL, the STSOL, the Regional Occupation List or the Core Skills Occupation List.The section 13 criteria
- What happens if a request meets none of the criteria?The Department finalises it without referring it to the Minister, and tells the requester that it did not satisfy the criteria the Minister has set for when a Minister wi…The section 13 criteria
- If a request meets a criterion, will a visa be granted?Not necessarily. The Department first makes any health, character or other assessments and may seek more information.The section 13 criteria
- Which requests are finalised without going to the Minister?Section 12 lists thirteen circumstances in which a request is inappropriate to refer, whatever criteria it meets.When a request is not referred
- What is a repeat request?A request is a repeat request if a Minister personally dealt with an earlier request for the same person, declined to consider it or declined to intervene, and the Depart…When a request is not referred
- Can a new request be made while one is still being processed?It will not be referred unless the first one is withdrawn or finalised.When a request is not referred
- I hold condition 8503 and want a Partner visa. What does that mean for a request?A request will not be referred unless a request to waive condition 8503 was sought or decided within three months before the Ministerial intervention request was lodged.When a request is not referred
- My claims are about protection. Is this the right route?A request that raises only non-refoulement claims is not referred.When a request is not referred
- Who can make a request?The person affected by the Tribunal’s decision, or their representative.Making a request
- What does a request have to contain?It must be in writing and must state which intervention power it relies on, the Tribunal decision, and the section 13 criteria it relies on.Making a request
- How will I hear the outcome?The Department notifies the requester.Making a request
- Can the figures be read as a success rate?No. The first two rows in each block count requests; the third counts people, and one request can include several people.Reading the figures
- Why do the figures include section 417, which was repealed?Section 417, the protection-review intervention power, was repealed on 14 October 2024, when the Administrative Review Tribunal replaced the AAT.Reading the figures
- What is section 195A?A separate power. The Minister may grant a visa to a person in immigration detention under section 189, whether or not they have applied, if the Minister thinks it is in…Reading the figures
- How reliable are the numbers?They were extracted from the Department’s systems for this request.Reading the figures
Direction 123
- What is Direction 123?A direction given by the Minister under section 499 of the Migration Act.The basics
- When does Direction 123 start, and what happens to Direction 110?It commences on 31 October 2026.The basics
- Who has to follow Direction 123?Every decision-maker exercising the powers in section 501 or 501CA.The basics
- What decisions does it cover?Refusing a visa under section 501(1), cancelling a visa under section 501(2), and deciding a request to revoke a mandatory cancellation under section 501CA(4).The basics
- What are the primary considerations under Direction 123?Four, down from five: protection of the Australian community from criminal or other serious conduct; whether the conduct constituted domestic or family violence; expectat…What changes from Direction 110
- What happened to ties to Australia?Under Direction 110, the strength, nature and duration of ties to Australia was a primary consideration.What changes from Direction 110
- What does domestic or family violence cover under Direction 123?Direction 123 renames the consideration from family violence to domestic or family violence and defines it.What changes from Direction 110
- Is the impact on Australian business interests still considered?Direction 123 no longer lists it.What changes from Direction 110
- Does the decision-maker have to find I am a risk of physical harm?Not for every consideration.What changes from Direction 110
- What does Direction 123 say about spreading hatred and extremism?A person does not pass the character test if section 501(6A) applies to them, which the Act describes as spreading hatred and extremism.What changes from Direction 110
- I have received a notice about my visa on character grounds. What should I do first?Read the notice for the date by which you must respond, and keep the email or letter that delivered it.If a character decision affects you
Direction 117
- What is Direction 117?A direction given by the Minister under section 499 of the Migration Act.The basics
- When did Direction 117 start, and what did it replace?It was signed on 24 July 2026 and commenced on 25 July 2026, the day after signing.The basics
- Which visas does Direction 117 cover?Sixteen classes of family visa, each named in the Direction.The basics
- Does Direction 117 apply to an application lodged before 25 July 2026?Yes. It applies to family applications made but not finally decided before it commenced, and to applications made on or after that date.The basics
- Does Direction 117 apply to every family application?No. It does not apply where it is readily apparent that the criteria for the visa would not be met.The basics
- Does Direction 117 affect whether my visa is granted?No. It sets the order applications are reached in; every visa criterion still has to be met.The basics
- Is an onshore partner visa processed before an offshore one?Yes. Direction 117 creates two tiers.Where an application sits in the order
- What is the order within each tier?Six groups, highest first: applicants for whom the Minister has substituted a decision for a Tribunal decision ( ministerial intervention ); partners (spouse, de facto pa…Where an application sits in the order
- Where do family members included in my application sit?In the same place as the primary applicant.Where an application sits in the order
- Someone who applied after us has already been granted. Is that allowed?Yes. The tiers and groups mean a later application can be reached first, and the Migration Act provides that an earlier application is not unreasonably delayed only becau…Where an application sits in the order
- How are parent and other capped family visas ordered?By queue date, under a separate direction.Where an application sits in the order
- Can a partner visa application be prioritised?Only if the applicant satisfies the officer of two things: the application involves special circumstances of a compassionate nature, and there are compelling reasons to d…Requesting priority processing
- What does the Department not treat as compelling or compassionate?Its factsheet lists these, and says the list is not exhaustive: financial hardship or other personal financial reasons, such as obtaining a bank loan or buying a property…Requesting priority processing
- How is a request for priority processing made?Through the Department’s Partner processing enquiry form , selecting I want to request priority processing and attaching a signed statement of the reasons.Requesting priority processing
- We hold an 820 or 309 visa. Can we request priority for the permanent stage?Not until two years have passed since the partner visa application was made.Requesting priority processing
- Should we request priority if the relationship has ended?No. The Department’s factsheet says not to request priority processing where the relationship has ended or the sponsor has died, and to complete the Notification of Relat…Requesting priority processing
- What changed from Direction 102?Five things, on the face of the two directions: Onshore applications come first.What changed from Direction 102
Partner visa checker
- What does the partner visa checker do?It sorts your answers into one of three pathways: the subclass 820/801 applied for in Australia, the subclass 309/100 applied for outside Australia, or the subclass 300 P…About this checker
- Does the checker decide whether I am eligible?No. It shows which pathway to look at and what to check.About this checker
- What happens to my answers?They stay in your browser unless you choose to send them.About this checker
- Which issues does the checker look for?The 12-month rule for de facto couples, the age rule for de facto partners, a No Further Stay condition, section 48, Schedule 3, the three-year rule for subclass 491 and…About this checker
- Why does it matter where the applicant is when we apply?The partner visas are divided by where the applicant is when the application is made.About this checker
482 visa checker
- What does the 482 visa checker do?It works out which subclass 482 stream fits your answers: Specialist Skills, Core Skills or Labour Agreement.About this checker
- Does the 482 checker show whether the visa will be granted?No. It shows which stream to look at and what to check.About this checker
- Where do the occupation list and salary figures come from?The occupations come from ANZSCO 2022 and the latest compilation of the Core Skills Occupation List instrument on the Federal Register, the same data as our occupation se…About this checker
- Are my 482 checker answers stored?No. The checker runs in your browser.About this checker
Victoria points calculator
- What is the Victorian Points Test (VPT)?It is the ranking Victoria uses to select Registrations of Interest for nomination for the Skilled Nominated visa (subclass 190) and the Skilled Work Regional (Provisiona…Victorian Points Test questions
- Is the Victorian Points Test the same as the SkillSelect points test?No. The Australian Government’s points test decides whether you are eligible for the visa, and it requires at least 65 points.Victorian Points Test questions
- What is the pass mark for the Victorian Points Test?There is none. Victoria invites the Registrations of Interest with the highest VPT totals in each invitation round, so the total needed depends on who else is in the pool…Victorian Points Test questions
- How does Victoria choose who to invite?Through regular invitation rounds, in two ways.Victorian Points Test questions
- Which industries are Victorian priority industries for 2026–27?Healthcare, social assistance, education (teachers and early childhood education) and construction (construction professionals and construction trades).Victorian Points Test questions
- How do I get the 50 partner points in the Victorian Points Test?All three of these must be true: you have claimed 10 points for Partner Skills in your SkillSelect EOI; your partner will be included in your state nominated visa applica…Victorian Points Test questions
- How do Victorian earnings points work?They are for annual earnings from current skilled employment in Victoria.Victorian Points Test questions
- How much does a Victorian Registration of Interest cost in 2026–27?$60, or $66 including GST.Victorian Points Test questions
- Does my Victorian Registration of Interest from last year still count?No. A Registration of Interest is valid only for the program year in which it is submitted.Victorian Points Test questions
- Can Victoria estimate my chances of an invitation?No. Victoria states it cannot tell you your likelihood of being invited or how your points compare with other applicants, and that an invitation or a successful nominatio…Victorian Points Test questions
- Does this calculator store my answers?No. It runs in your browser.Victorian Points Test questions
Department Policy
- What does condition 8607 actually require of a subclass 482 holder?Condition 8607 in Schedule 8 to the Migration Regulations 1994 starts with the occupation, then deals with the employer.Employer sponsored
- Is condition 8607 the same as the old condition 8107?They are different conditions and they are drafted differently.Employer sponsored
- Which income threshold applies to a nomination lodged today?For a nomination lodged between 1 July 2026 and 30 June 2027 the Core Skills Income Threshold and the Temporary Skilled Migration Income Threshold are each $79,423, and t…Employer sponsored
- What does condition 8608 require on a subclass 494?Condition 8608 mirrors the structure of 8607 for the Skilled Employer Sponsored Regional (Provisional) visa.Skilled and regional
- Is the Gold Coast inside a designated area for condition 8549?Yes, on the list made by the Migration (Designated Areas) Instrument 2026 (LIN 26/004), which commenced on 22 September 2026.Skilled and regional
- When can a subclass 191 applicant actually meet the income requirement?Clause 191.222 of Schedule 2 requires the applicant to have provided copies of notices of assessment, and any notices of amended assessments, given to the applicant under…Skilled and regional
- What does condition 8503 say, in its own words?The whole of condition 8503 is one sentence: The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, wh…Students and visitors
- What does condition 8202 require a student to maintain?Condition 8202 has three limbs for an ordinary student.Students and visitors
- A subclass 462 holder has worked for one employer for more than six months. Is that a breach of condition 8547?Condition 8547 is one sentence: The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.Students and visitors
- A child is born in Australia after the visa application is lodged but before it is decided. Does a separate application have to be made?Regulation 2.08 does it automatically.Family and children
- A child is born in Australia to a parent who already holds a visa. Does the child need a visa of their own?Section 78 of the Migration Act 1958 grants one by operation of law.Family and children
- Which ministerial direction governs a character decision made today?Direction 110 until 31 October 2026.Refusal, review and character
- Does the Tribunal's generative AI practice direction apply to an application already lodged?Yes. The Administrative Review Tribunal (Use of Generative AI) Practice Direction 2026 , made on 20 August 2026, commences and has effect from the date it is signed and a…Refusal, review and character
- What does it cost to apply to the Tribunal for review of a migration decision?$3,727 for a reviewable migration decision and $2,293 for a reviewable protection decision, from 1 July 2026.Refusal, review and character
Migration updates
- Do I pay the Victorian nomination fee if I am not invited?No. The $180 nomination application fee ($198 including GST) is payable only if Victoria invites you to apply for nomination and you submit a nomination application.Migration update
- Is the Victorian Registration of Interest fee refundable?Generally not. Live in Melbourne states the fees will not be refunded merely because a Registration of Interest does not lead to an invitation, a nomination is refused, o…Migration update
- When does Victoria’s 2026–27 skilled nomination program open?As at 13 October 2026, no opening date had been published.Migration update
Migration updates
- What will an ANMAC skills assessment cost under the new fees?ANMAC has published these fees, to take effect when the changes commence: Essential $395, Essential Plus $495, Comprehensive $695, Care $545 and Care Plus $645.Migration update
- I have already applied to ANMAC. Do I need to reapply or pay the new fee?No. ANMAC states that an application awaiting an outcome when the new portal launches will be transferred to the new system, that the applicant will not need to reapply,…Migration update
- When do the ANMAC changes start?ANMAC expects the changes to take effect later this year.Migration update
Migration updates
- When is the next 189 invitation round?The Department of Home Affairs has announced that the next invitation round for the Skilled Independent (subclass 189) visa will be held on 15 October 2026.Migration update
- What should I check in my EOI before the 189 invitation round?The Department’s notice advises Expression of Interest holders to ensure the Expression of Interest is up to date and that all the information provided is accurate.Migration update
Migration updates
- Can I apply for a new student visa in Australia from 2 October 2026?If you hold a subclass 500 student visa and apply for another one as the student, the application must be made from outside Australia, unless you are a Defence, Foreign A…Migration update
- Can I apply for a student visa in Australia on a working holiday visa?Not from 2 October 2026.Migration update
- Can a 482 visa holder apply for a student visa in Australia?Not from 2 October 2026.Migration update
- Can a 485 graduate visa holder apply for a student visa onshore?No. The subclass 485 Temporary Graduate visa remains on the list in LIN 26/102, so a 485 holder in Australia cannot make a valid student visa application there.Migration update
- Can I still add my partner or children to my student visa?Only in the limited cases listed in this update, and only by applying at the same time and place as the student.Migration update
- My family already hold student visas with me. Can they be included in my next application?A family member who is in Australia and held a student visa as your family member on 2 October 2026, or had applied for one before that date and was granted it later, can…Migration update
- Does this affect a student visa application lodged before 2 October 2026?No. The amendments apply to applications made on or after 2 October 2026.Migration update
- If I apply from outside Australia, where do I need to be when the visa is granted?Outside Australia. A person who had to apply from outside Australia must also be outside Australia when the visa is granted.Migration update
Migration updates
- Can I still enrol in the Graduate Diploma of Management (Learning) as an international student?From 5 October 2026, providers and education agents can no longer recruit or enrol new international students into the course, according to the Assistant Minister’s media…Migration update
- I started the Graduate Diploma of Management (Learning) before 5 October 2026. Can I finish it?The media release states that students who commenced the course with their current provider before 5 October 2026 may be able to complete their studies where no integrity…Migration update
- Can I study two full-time courses at the same time on a student visa?The Government has stated that it is monitoring students who study two full-time courses at the same time, and that students in non-genuine study arrangements may put the…Migration update
Legislation library
- What IELTS score is needed for a subclass 485 visa?Under Schedule 1 of LIN 25/089, an average band score of at least 6.5 with at least 5.5 in each component, in IELTS Academic or IELTS General Training.Legislation library
- What PTE score is needed for a subclass 485 visa?Schedule 1 sets an overall score of at least 55, with at least 40 in listening, 42 in reading, 41 in writing and 39 in speaking.Legislation library
- Is the C1 Advanced test accepted for a subclass 485 visa?Section 6 lists it, but item 1 of Schedules 1 and 2 states it is not accepted for the score requirement in subparagraph 485.212(1)(a)(ii).Legislation library
- Which passports meet the English requirement for a subclass 485 visa?Section 9 specifies a valid passport issued to a citizen by Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America.Legislation library
Legislation library
- How many occupations are on the MLTSSL, STSOL and ROL?In Compilation No. 5 of LIN 19/051 (28 March 2026), the Medium and Long-term Strategic Skills List in section 8 has 212 occupations, the Short-term Skilled Occupation Lis…Legislation library
- Which list applies to a subclass 485 application?Item 2 of the table in section 7(1) makes the Medium and Long-term Strategic Skills List the applicable list for a person who applies for a subclass 485 visa on or after…Legislation library
- Where is the assessing authority for an occupation set out?In the table in section 10AA(1), column 3, read with the split occupations in section 10AA(2) and the abbreviations in section 11.Legislation library
Legislation library
- What IELTS score is needed for a student visa?Under Schedule 1 of LIN 25/090, an average band score of 6.0 in IELTS Academic or IELTS General Training.Legislation library
- What PTE score is needed for a student visa?Schedule 1 sets an overall PTE Academic score of 47, or 39 in column 3 and 31 in column 4.Legislation library
- Who does not need an English test for a student visa?Section 7 lists the exempt classes, including citizens holding a passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of Am…Legislation library
- How old can the test result be?Under section 6(1)(b), within the 2 years before the application if the evidence is provided with it, or 2 years before the decision if it is provided later.Legislation library
Legislation library
- How much money does a subclass 500 applicant need to show for living costs?For a stay of 12 months or more, AUD29,710 a year for the primary applicant under section 6(2)(b)(ii)(A) of LIN 19/198 (Compilation No.Legislation library
- Can income be shown instead of savings?Yes. Under section 6(3), official Government documentation issued in the 12 months before the application can show that the applicant’s parent, spouse or de facto partner…Legislation library
- What kinds of funds evidence does the instrument accept?Section 10 lists four forms: a money deposit with a financial institution, a loan with a financial institution, government loans, and a scholarship or financial support.Legislation library
Legislation library
- What IELTS score is needed for a subclass 482 visa?Under section 6(4) of LIN 25/082, at least 5.0 in each of listening, reading, writing and speaking, in IELTS Academic or IELTS General Training.Legislation library
- What PTE score is needed for a subclass 482 visa?Section 6(4) sets 33 for listening, 36 for reading, 29 for writing and 24 for speaking in PTE Academic.Legislation library
- Can a single component be re-sat?Yes. Section 6(2)(b)(ii) allows the scores to come from the original test day and a later re-sit day for the component that was re-sat.Legislation library
- Who is exempt from the English test for a subclass 482 visa?Section 4 lists five classes of exempt applicant, including citizens holding a passport from one of five listed countries, applicants with 5 years of full-time study in E…Legislation library
Legislation library
- Which occupations need a mandatory skills assessment for the subclass 482 visa?The 24 occupations in the section 5 table of IMMI 18/039, including automotive electrician, chef, cook, electrician (general), motor mechanic (general), welder (first cla…Legislation library
- Do Indian passport holders need a skills assessment?India is listed in section 6 for each of the 23 TRA occupations, so an Indian passport holder nominated in one of them needs the assessment unless an exemption in section…Legislation library
- Who assesses program or project administrators?VETASSESS, with a Skills Assessment for General Professional Occupations (section 5, item 21).Legislation library
Legislation library
- What is the nomination fee for a subclass 482 visa under LIN 19/215?$330, using approved form 482N (Internet), under item 5 of the table in section 6.Legislation library
- Is there a fee for a subclass 494 nomination?Item 6 of the table in section 6 specifies the fee as nil, with approved form 494N (Internet).Legislation library
- Can a nomination be lodged by email?Only in the circumstances in section 7: a departmental email must authorise it after a problem with the Department’s online systems, and the form must be returned to the…Legislation library
Legislation library
- How many occupations are on the Core Skills Occupation List?456, in the table in section 6(3) of LIN 24/089 (Compilation No.Legislation library
- What does the number in column 3 of the list mean?It refers to an item of the Applicable Circumstances List in section 7(2).Legislation library
- Do the circumstances apply to the Specialist Skills stream?Yes. Section 8 provides that if a circumstance in any item of section 7(2) applies to the position, the occupation does not apply to a Specialist Skills stream nominee.Legislation library
Legislation library
- What TSMIT did LIN 25/038 set?$76,515, replacing $73,150 in section 6 of IMMI 18/033, for an application for approval of a nomination made on or after 1 July 2025 (section 13 of IMMI 18/033).Legislation library
- What is the TSMIT for a nomination made from 1 July 2026?$79,423, under the definition in regulation 1.03 of the Migration Regulations 1994, which applies to a nomination made on or after 1 July 2026 (Schedule 13, item 16401).Legislation library
- Which visas does the TSMIT apply to?The explanatory statements to LIN 25/038 and to the Home Affairs Legislation Amendment (2026 Measures No.Legislation library
Legislation library
- Is the subclass 186 list the same as the subclass 482 list?The occupation titles and ANZSCO codes in section 7(1) of LIN 24/093 match the 456 items of the Core Skills Occupation List in LIN 24/089.Legislation library
- Where is the assessing authority for a subclass 186 occupation set out?In column 3 of the table in section 7(1), with the physicist split in section 7(2) and the abbreviations in section 9.Legislation library
- Does LIN 24/093 apply to a nomination lodged before 7 December 2024?No. Section 11 keeps LIN 19/049 in place for a nomination application made before 7 December 2024.Legislation library
Legislation library
- Who is exempt from the age requirement for a subclass 186 visa?In the Temporary Residence Transition stream, section 6(1) of LIN 19/216 exempts academic applicants, legacy 457 workers, regional medical practitioner applicants, scienc…Legislation library
- Which subclass 494 applicants do not have to be under 45?Under section 8(1), academic applicants, regional medical practitioner applicants, science applicants, Subclass 444/461 workers and Subclass 457/482 workers in the Employ…Legislation library
- Who counts as a legacy 457 worker?Under section 5, a person who held a subclass 457 visa on or after 18 April 2017, was in Australia for at least 12 months between 1 February 2020 and 14 December 2021, an…Legislation library
Legislation library
- What IELTS score is competent English?At least 6 in each of listening, reading, writing and speaking, in IELTS Academic or IELTS General Training (Schedule 2, item 2).Legislation library
- What PTE score is proficient English?Under item 3 of Schedule 2, PTE Academic scores of at least 58 in listening, 59 in reading, 69 in writing and 76 in speaking.Legislation library
- Can the Michigan English Test be used for superior English?No. The note to section 9(3) excludes MET from the superior English requirements.Legislation library
- Which passports count as competent English?Under section 7(4) and Schedule 3, a valid passport issued to a citizen of Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of Americ…Legislation library
Legislation library
- Is the Australian Capital Territory a designated regional area?Yes. Item 7 of the table in section 3(1) of LIN 22/022 lists all postcodes in the Australian Capital Territory as a designated city or major regional centre, which is a d…Legislation library
- Are all postcodes in Western Australia, South Australia and Tasmania covered?Yes. Section 3(1) lists some postcodes in each of those States, and items 4, 5 and 6 of the table in section 3(2) cover every other postcode in them.Legislation library
- When does LIN 22/022 apply?Under section 4, to nominations, nomination approval applications, visa applications, points test assessments and visa grants listed in that section that occur after the…Legislation library
Legislation library
- Who assesses skills for a subclass 494 occupation?The body named against the occupation in section 6(1) or 7(1) of LIN 19/260, read with the split occupations in sections 6(2), 7(2) and 7(3) and the abbreviations in sect…Legislation library
- Is an assessment by an earlier assessing authority still accepted?Section 10 keeps the earlier authorities listed in its table for 13 occupations where the skills assessment application was made before 6 May 2022.Legislation library
Legislation library
- How many occupations can be nominated for a subclass 494 visa?LIN 19/219 lists 216 occupations on the Medium and Long-term Strategic Skills List (section 6) and 434 on the Regional Occupation List (section 7), 650 in all, in the com…Legislation library
- Does the subclass 494 visa use the Core Skills Occupation List?LIN 19/219 specifies its own two lists under subregulation 2.72C(11).Legislation library
- Where are the assessing authorities for subclass 494 occupations?In LIN 19/260 (F2019L01405), which follows the same two lists.Legislation library
Legislation library
- How many Regional Certifying Bodies are there?47 in LIN 19/214: 14 in New South Wales, 14 in Victoria, 13 in Queensland, 2 in Western Australia, and 1 each in South Australia, Tasmania, the Australian Capital Territo…Legislation library
- What does a Regional Certifying Body advise on?Under subregulation 2.72C(18) of the Migration Regulations 1994 (Compilation No.Legislation library
- Which body covers South Australia, Tasmania, the ACT or the Northern Territory?Section 4 lists one body for each: the Department for Innovation and Skills (South Australia), the Department of State Growth (Tasmania), the Chief Minister, Treasury and…Legislation library
Legislation library
- Which occupations can be nominated for a subclass 407 visa?Any occupation on the three lists in sections 7, 8 and 9 of LIN 19/050: 216 on the Medium and Long-term Strategic Skills List, 77 on the Regional Occupation List and 216…Legislation library
- Are these the same lists as for the skilled visas?LIN 19/050 sets its own lists for paragraph 2.72B(3)(b).Legislation library
Legislation library
- How long before lodging the nomination must the position be advertised?Labour market testing must be undertaken in the 4 months ending on the day the nomination is lodged (section 6(1)), and each position must accept applications for at leas…Legislation library
- Does the advertisement have to show the salary?Only if the intended annual earnings for the position are lower than $96,400 (section 8(4)(d)).Legislation library
- What evidence goes with the nomination?A copy of the advertising material (section 9(3)).Legislation library
Legislation library
- What is the annual earnings amount in IMMI 18/033?AUD 250,000, under section 5, for paragraphs 2.72(15)(b), 2.72C(15)(b) and 2.79(1A)(b) of the Migration Regulations 1994.Legislation library
- Can the AMSR be based on pay slips where an award applies?Since 25 March 2026, where a fair work instrument, state industrial instrument or transitional instrument applies, the AMSR may be determined by relevant employment docum…Legislation library
- Does IMMI 18/033 still set the TSMIT?Section 6 was repealed by LIN 26/074 from 1 July 2026.Legislation library
Legislation library
- Who conducts a visa medical in Australia under LIN 25/049?Bupa Australia Health Pty Ltd, trading as Bupa Medical Visa Services, under paragraph 8(a).Legislation library
- What does a permanent visa applicant aged 15 or older from a country not in Schedule 1 undertake?Under column 4 of Schedule 2: a medical examination, chest X-ray, serum creatinine/eGFR, HIV test, a hepatitis B test if born in a high hepatitis B risk jurisdiction, and…Legislation library
- Does LIN 25/049 apply to a visitor aged 75 or older?Item 6 of Schedule 3 specifies a medical examination and serum creatinine/eGFR for a person at least 75 years old applying for a Subclass 600 (Visitor) visa.Legislation library
Legislation library
- Did the 2025 instrument change the wording of the Australian Values Statement?The explanatory statement records that the values statements in Parts 1 and 2 of Schedule 2 remain identical to those in LIN 20/166.Legislation library
- Which version of the statement applies to which visa?It depends on the table the subclass is in.Legislation library
Legislation library
- What IELTS score is functional English?An average band score of at least 4.5 in IELTS Academic or IELTS General Training, under Schedule 1 of LIN 25/014.Legislation library
- What PTE score is functional English?An overall PTE Academic score of at least 24 (Schedule 1, item 7).Legislation library
- Can functional English be shown without a test?Yes. Section 6 also accepts primary and secondary schooling in English, at least 1 year of study in Australia towards a degree, higher degree, diploma or associate diplom…Legislation library
Legislation library
- How many items of evidence does LIN 23/026 require?A minimum of two items from Schedule 1, each of a different type (section 5).Legislation library
- What must each document show on its face?Under subsection 4(3), each item must be in writing in English on professional letterhead and include the author’s full name, occupation, signature, date, address and con…Legislation library
- Can a midwife or a teacher provide evidence?Yes. A midwife is included under the Medical type, and a teacher who has taught or counselled the alleged victim is an education professional under section 3.Legislation library
Legislation library
- Which relationship registers are prescribed?The seven laws in the table in section 5: the NSW, South Australian and Tasmanian relationship registers, the Victorian Relationships Act 2008, the Queensland Civil Partn…Legislation library
- What does a registered relationship prove?The explanatory statement records that registration of a prescribed kind of relationship under a prescribed law provides conclusive proof that a person is another person’…Legislation library
- When did the 2019 Regulations commence?Section 2 provides for commencement on the day after registration, and its commencement table records the date as 13 March 2019.Legislation library
Legislation library
- What IELTS score does the MATES stream require?An overall band score of at least 6 and at least 5 in each of listening, reading, speaking and writing, under item 2 of Schedule 3.Legislation library
- Can English test scores be combined across sittings?Paragraph 11(b) requires the scores to be achieved in a single sitting, unless the test is an OET.Legislation library
- Which fields of study qualify?Section 8 specifies renewable energy, mining, engineering, information communications technology, artificial intelligence, financial technology and agricultural technolog…Legislation library
Legislation library
- How much does a TRA Migration Skills Assessment cost?$795, under item 1 of the table in section 5 of LIN 23/002.Legislation library
- How much does it cost to have a TRA assessment reviewed?It depends on the assessment.Legislation library
- Are these the fees for every skills assessing authority?No. LIN 23/002 sets the fees of Trades Recognition Australia only.Legislation library
Legislation library
- Which ANZSCO edition applies to a subclass 482 nomination?The edition in force on 23 November 2022, under section 6(3)(a) and (b) of LIN 24/105, which covers regulation 2.72 (criteria for approval of nomination) and regulation 2…Legislation library
- What is the default ANZSCO edition for the Migration Regulations?The edition in force on 27 June 2013 (section 6(2)), which the explanatory statement identifies as ANZSCO version 1.2, released on 26 June 2013.Legislation library
- Did LIN 24/105 replace LIN 19/051?Only in part. Schedule 1 repeals section 5 of LIN 19/051, which had defined ANZSCO.Legislation library
Legislation library
- Which ANZSCO version is used for a subclass 482 nomination?The 2022 edition, as in force on 23 November 2022.Legislation library
- Does OSCA replace ANZSCO for visa purposes?The ABS released OSCA on 6 December 2024 to replace ANZSCO for use in Australia.Legislation library
Legislation library
- Which ANZSCO version applies to a skilled visa?Unless a provision or instrument specifies otherwise, the version as in force on 27 June 2013, which is ANZSCO 2013 Version 1.2, under section 6(2) of LIN 24/105.Legislation library
- Where was ANZSCO defined before December 2024?In section 5 of LIN 19/051.Legislation library