Work Visa Lawyers is based in Adelaide, South Australia. Our team of South Australian immigration lawyers and registered migration agents (RMA’s) can help advise you through the complex world of immigration. We pride ourselves on being able to help you immigrate anywhere in Australia, especially to our home state of South Australia. Contact us if you want to know more about your South Australian immigration opportunities.

Adelaide River Torrens and Festival CentreAbout South Australia

South Australia (SA), also referred to as the ‘The Festival State’ or ‘The Wine State’, is located in the southern central part of Australia. Adelaide, the capital city of South Australia, is home to 1.3 million of the 1.7 million people living in South Australia. Along with South Australia, Adelaide is noted for its many festivals, sporting events, food and wine, its long beach fronts, and significant defence and manufacturing sectors.

Why Choose South Australia for Australia PR?

For migrants looking to immigrate to Australia, South Australia has a great deal to offer. Whether you are a visitor, student, or migrant, South Australia has several opportunities available.

First, South Australia has a high standard of living. Not only has Adelaide been ranked as one of the top 10 most livable cities in the world by the Economist, but since 2011, Adelaide has been ranked as Australia’s most livable city three times. Finally, in 2021, with its restriction and covid-19 situation management, Adelaide has been awarded the third most livable city in the world, just below Osaka and Auckland.

Second, South Australia wants more skilled migrants and business investors. With plenty of regional occupations available and even more opportunities, the state government and businesses are calling for more skilled migrants.

In fact, during November 2018, the state government and Immigration SA created the Supporting Innovation South Australia (SISA) visa. The SISA visa is aimed at foreign entrepreneurs and investors with innovative ideas and a supporting business plan to come to SA. With short processing times and a low application cost, the SISA visa is already creating many opportunities for migrants, South Australia, and local economies.

Third, the South Australian government has finalized some ground-breaking developments for the state and, in turn migrants. In 2018 alone, South Australia acquired contracts to build the largest steel plant in the developed world and was granted the headquarters for Australia’s first dedicated space agency.


South Australia is a compelling proposition to move, grow or start your business. Explore the state-nominated visa options available to business owners, investors, entrepreneurs and hihgly skilled migrants.

Whether you would like to live in the heart of Adelaide’s CBD or regional South Australia, our team of South Australian immigration lawyers and registered migration agents can highlight all the opportunities for migrants to make a move.  

Business Visas 188 South Australia

As an immigration service based in South Australia, we felt that compiling a shortlist of popular visas may be more beneficial for you. Click on the visa to find out more details and requirements.


Business & Investment Visas in South Australia

Business Talent subclass 132 Visa

The Business Talent 132 Visa encourages successful business owners and investors to settle in Australia while developing a new or existing Australian business. The subclass 132 visa encompasses 2 streams that allow for permanent residency. While the 132 visa is not specific to South Australia, SA does receive nearly half of the total amount of 132 visas issued. Contact Work Visa Lawyers to review your business visa options.

As of July 2021, the Business Talent subclass 132 visa is closed for application. The Department of Home affairs still assesses all applications before the date. 

For more information about Business Visa, please read Business Innovation and Investment Visa Subclass 188.

Business Innovation and Investment Visa 188 South Australia

There is a total of 7 types of state nominated Business Visa South Australia options available for migrants onshore and offshore who want to establish a business or investment project in South Australia.

The most popular ones amongst all are Significant Investor visa 132 and Business Innovation and Investment visa 188 in South Australia. Since visa 132 application is no longer available, 188 visa is now the most popular visa for the business owner who is looking to get permanent residency in Australia.

This visa is for business owners and investors who want to establish a business or invest, in South Australia.

This visa offers applicants the choice of four streams:

  1. Business Innovation stream: Business owners who want to relocate their overseas business or establish a new business in South Australia.
  2. Investor stream: Successful investors or business owners willing to invest a minimum AUD $1,500,000 in South Australia for four years. 
  3. Significant Investor stream: People willing to benefit South Australia and invest $5 million into a complying investment for four years 
  4. Entrepreneur stream: People who have support from a selected Service Provider to undertake a complying entrepreneurial activity that is proposed to lead to either the commercialisation of a product or service in South Australia or the development of a business in South Australia.

More information about this visa >


Skilled Visa 491 and Visa 190 South Australia - SA State Nomination

Skilled Migration Visas such as the 491 (replace Subclass 489), 190, and 187 visas require you to complete a migration skills assessment from an assessing authority what you need to know about the Vetassess Skills Assessment.

The Skilled Work Regional (Provisional) Subclass 491 Visa South Australia

The subclass 491 visa is one of South Australia’s most popular visas for a good reason. The 491 visa is for skilled workers who live and work in  regional Australia.

Benefit of 491 Visa South Australia:

  • It allows migrants to live and work in South Australia with their families.
  • If South Australia nominates you a 491 visa, you will receive 15 points, which can make all the difference when trying to reach a minimum of 65 points.
  • Once you have fulfilled your 491 visas, you may be able to apply for the Skilled Regional (Permanent) visa (subclass 191) for permanent residence.

Please refer to the South Australia Skilled Occupation List for South Australia visa 491 requirements. Each occupation has different criteria and allocations to invite skilled migrants in South Australia.

However, it seems that South Australia Immigration is the most generous in inviting 491 skilled work regional visas withmany available streams for offshore, interstate skilled migrants and also SA Graduates.

Skilled Nominated Subclass 190 Visa South Australia

The subclass 190 visa is another popular visa that allows migrants to work in Australia permanently. The subclass 190 visa is a state nominated visa, meaning that your occupation will need to be on the South Australia Skilled Occupation List.

If you are granted this visa, you will be able to sponsor eligible relatives for permanent residency.

Once you have fulfilled your 190 visa requirements, you may be able to apply for citizenship if eligible. 

*Each applicant planning to apply for the South Australia skilled migration program must follow their occupation's nomination requirement via the South Australia Skilled Occupation List.

South Australia Skilled Visa 491 and 190 Basic Requirements

It does not matter which nomination stream or which state you are going for, you must meet these basic requirements to get a nomination for visa 491 or visa 190.

Requirements are:

  • under 45 years of age
  • minimum competent english for primary applicants
  • Have a valid and positive skill assessment
  • Your occupation must be listed in SA Skilled Occupation List
  • Able to get at least 65 points including state nomination points (5 points for 190 nomination and 15 points for 491 nomination)

South Australia State Nomination Streams

SA graduate Pathway

If you are an international graduate, who has studied in South Australia, you may be eligible for state nomination as a skilled migrant faster than other candidates.

There is also a concession for High Performing Graudate in South Australia for 491/190 nomination without work experience requirement.

SA Skilled Visa 491190 SA Graduate stream

SA State nomination requirement for SA Graduate stream

To be an SA Graduate you must

  • Complete your qualification at a South Australian higher education provider (CRICOS)
  • Check your occupation in South Australia Skilled Occupation List if your skill meet the level required
  • Minimum of 50% of your qualification must have been completed in SA
  • Must have resided in SA for at least 1 year during your study

Work experience in SA

  • Currrently working in related or closely related occupation.
  • Related or closely related occupations are defined, under South Australian nomination, as being in the same ANZSCO Sub Major group, meaning the same first 2 digits.
  • Skilled work experience must be post course completion
  • meet the minimum work experience requirement for your occupation specified in the Occupation list. Each occupation has different requirement.

Type of Contract may affect your 491 or 190 nomination

It may be a case to be considered if you are working part time or full time in South Australia.

You must be working:

  • 20 hours per week or 40 hours per fortnight for subclass 491 visa nomination
  • 30 hours per week or 60 hours per fortnight for subclass 190 visa nomination
  • If you are a South Australian graduate and didn't continously live and work in SA, you must be working at least 30 hours per week for the minimum working period.

Highly skilled and talented stream

There is higher requirement for highly skilled and talented however, they do not need to be residing in South Australia to lodge an ROI.

SA Skilled Visa 491190 highly skilled and talented stream South Australia

It is encouraging applicants who can contribute to the state's critical priority sectors including:

  • Hi-Tech / Digital
  • Green Energy / Hydrogen
  • Defence, Space and Cyber Security
  • Advanced Manufacturing
  • Agribusiness
  • Creative Industries
  • Health and Life Sciences

English Proficient is the mimum for this nomination stream.

A high base salary threshold commensurate with the expectations of the highly skilled and talented stream (at least 80,000 per annum) and working full time (at least 30 hours per week or 60 hours per fortnight) are required.

Outer Regional South Australia workforce stream: 

Skilled migrants who contribute hugely to Regional of South Australia may benefit from certain exemption in work experience. Working holiday maker visa holders may also apply under this pathway.

To be eligible, you must:

  • Currently LIVE and WORK in Outer Regional South Australia
  • Have been working for the past SIX Months in Outer Regional South Australia in ANY job (does not need to be related)
  • Have worked at least 30 hours per week or 60 hours per fortnight
  • If you are a working holiday maker visa holder, your specified work experience can count towards this work experience requirement

To be eligible for 190 visa nomination, you must be working in a high skilled position (level 1 or 2) OR receiving a high salary (at least $65,000).

You also need to provide a recommendation letter from your employer saying that why you should be considered

Employer Criteria:

  • Be a business in Outer Regional SA
  • Be an existing business for at least 12 months and have a premise located and operating in Outer Regional South Australia for the past 12 months
  • Be a business of good standing and there must be no adverse information about the business

Outer regional South Australia Postcodes

 

Working in South Australia

  • Have an occupation in SA Skilled Occupation List
  • Be currently working in related or closely related occupation at least 20 hours per week or 40 hours per fortnight unless specified higher.
  • English: Competent or higher 

Other requirements are skill assessment, minimum 65 EOI points are specified in each occupation.

Long Term Residents of South Australia

You must have resided continuously in South Australia for the past 5 years to be eligible for the long term residents stream.

You can work any occupation from skilled level 1 to 3 and Skill level 4 carer and Aide occupation for the past 6 months and for total of 12 months over the past 3 years.

It can be cumulative and inclusive of the six months requirement outlined above.

However, you must not be working in your nominated occupation or closely related occupation to apply for this stream.

There are certain requirements for 491 and 190 nomination:

  • SA 491 nomination: 20 hours per week or 40 hours per fortnight
  • SA 190 nomination: 30 hours per week or 60 hours per fortnight - working in skill level 1 position with at least 80,000 AUD in greater Adelaide or 65,000 AUD in regional SA.

Offshore Skilled Migration South Australia

SA Skilled Visa 491190 Offshore South Australia state nomination

If you are seeking to move to South Australia, the first step is to use SkillSelect to make an expression of interest (EOI), and select South Australia as your first preferred State or Territory to move to in Australia.

South Australia will be assessing candidates on merit by the following factors, within their nominated occupation:

  1. Years and field of skilled employment
  2. English language ability
  3. EOI points

Offshore applicants can also seek nomination from highly skilled and talented stream above if you are working in critical sectors

Have demonstrated extensive experience, working in senior or executive level roles in highly skilled jobs, in:

  • ​​​​​​​Internationally renowned organisations, or
  • Multinational companies with a presence in South Australia, or
  • Have demonstrated specialised experience or niche skills that are highly desired in one of South Australia’s critical priority sectors

Contact us to talk to our Immigration Lawyers who are based in South Australia


Employer-Sponsored Visa South Australia options

RSMS Subclass 187 Visa

The subclass 187 visa allows skilled workers to be nominated by their employer in regional Australia. Once you are granted a 187 visa you will be able to live and work in Australia permanently. With lots of available occupations and opportunities, the 187 visas could be how you continue your professional career in regional South Australia.

Note that all of South Australia is considered a regional area for the RSMS. This means you are able to live outside or in the city.

Skilled Employer-Sponsored Regional (provisional) Subclass 494 South Australia

For an employer to be eligible to nominate a position under this visa, they must meet all criteria set by Department of Home Affairs, but is suitable for local South Australian businesses in instances where:

  • The business has a genuine need for a paid employee to fill a skilled position
  • The business has undertaken labour market testing and has been unable to fill the position locally.

For a full list of criteria, please see the Department of Home Affairs website.

This is the visa pathway for local businesses applying to Skilled & Business Migration for:

Temporary Skill Shortage Visa 482 South Australia - DAMA Labour Agreement South Australia

This is an employer-sponsored visa that enables South Australian businesses to nominate skilled migrants for employment if they meet the criteria of South Australia’s Designated Area Migration Agreements (DAMA). 

In order to enter into a DAMA Labour Agreement with the Australian Government, South Australian employers are required to be endorsed by the Designated Area Representative (DAR) which is Skilled & Business Migration, South Australian Department for Innovation and Skills.

This visa is for South Australian Businesses that:

  • Have identified skills or labour shortages that they cannot fill locally
  • The position occupation must be available on the Designated Area Migration Agreement Occupation List
  • The position must be full-time, and duties must align with the nominated occupation
  • The business can fulfil all South Australian DAMA endorsement requirements.

For full details on employer eligibility criteria, please see Endorsement Requirements.

While the TSS 482 visa is not a regional visa, though, TSS applications that are located in regional Australia, such as South Australia, are often given priority processing over other TSS visa applications.

Find out the Top 10 Things You Should Know About The 482 Visa.


South Australian Visas

Supporting Innovation In South Australia (SISA) Visa

(Temporary Activity (subclass 408) visa)

The (SISA) Visa, also referred to as ‘The South Australian Entrepreneur Visa’ was opened on 21 November 2018 and will run until 30 November 2021. The visas are aimed at foreign entrepreneurs and investors with innovative ideas and a supporting business plans. With short processing times, and a low application cost SISA is creating several opportunities for migrants, South Australia, and local economies.


Student Visas

Student Subclass 500 Visa

The student visa (subclass 500) allows students to visit Australia on a course of study for up to 5 years. The subclass 500 will allow students to participate in an eligible course of study and bring family members with them to Australia. Students must pass a the GTE requirements as well as an English language test such as the IELTS.

South Australia is home to a number of outstanding universities, such as the University of Adelaide, that offer a number of incredible opportunities to international students.


Partner Visas (Spousal)

Partner Visa (Permanent) Subclass 801 Visa

The Partner subclass 801 visa is one of the most popular of family visa’s because it allows the de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen living in Australia permanently.

Recently, we have witnessed changes to the partner visa that has affected processing times. Check out our 7 tips to get better processing times and an approved application.

*Please note that the list above is not your only option when immigrating to South Australia. If you would like to find out more about South Australian visas or the other options you may have, please contact us for up to date trustworthy information.


The South Australia State Nomination process

The state nomination process in South Australia requires skilled and business migrants to ensure they meet all visa and state nomination criteria, prepare the required documentation and make their application online via the Skilled & Business Migration portal.

South Australia state nomination process is quite simple with 3 key stages

  • Prepare documents for your application 
  • Submit application: depending on which stream you are planning to apply for, all Talent and Innovators must lodge a Registration of Interest before applying for State Nomination. Others can skip that step and apply for state nomination.
  • Waiting for assessment and outcomes: a pre-invitation letter or an official invitation letter will be sent through the nominated email address.

Our South Australian Immigration Lawyers & Migration Agents

Chris Johnston

Our founder, and the principal immigration lawyer at Work Visa Lawyers, Chris Johnston, has focused his practice on immigration for over 10 years. Between 2006 and 2011 Chris worked for both of the largest migration advice businesses in South Australia.

In 2011 Chris established Work Visa Lawyers and has since been elected by his peers to serve as the South Australian State President for the Migration Institute of Australia (MIA) and a Director on the National Board of the MIA. (The MIA is the peak professional body for registered migration agents in Australia).

Through growing up in Adelaide, South Australia and having lived throughout Australia, Chris is able to use his professional knowledge and life experiences to help you navigate the complex world of visa applications and settle in South Australia.  

Find out more about Chris Johnston’s practice areas.

Wendy Guan

Wendy is a registered migration agent who has experience in a range of visas. She is also able to leverage her industry gained knowledge in business to help you through the immigration process.  

Wendy holds a Bachelor of Business Administration and a Bachelor of International Trade. She completed a Graduate Certificate of Migration Law and Practice, obtaining the status of Registered Migration Agent in 2016.

Before joining Work Visa Lawyers Wendy spent 8 years working in an international student hostel dedicated to assisting thousands of international students to settle into student life in Australia. She then spent 2 years working as a consultant, providing migration advice and services for a number of skilled migrants.

Having also studied and migrated to Australia, Wendy understands the migration process from personal experience. She looks forward to assisting you with your Australian visa and citizenship needs.

Find out more about Wendy Guan’s practice areas.

Luke Edwards

Luke holds a Bachelor of Laws, Bachelor of Science, and a Graduate Diploma in Legal Practice. In 2018 he was admitted as a barrister and solicitor of the Supreme Court of South Australia.

While completing his degree, Luke pursued an interest in migration through undertaking courses in Migration Law and Policy, as well as Refugee Law and Policy. Luke has been immersed within Australian immigration since doing his university work experience with Work Visa Lawyers in 2016.

Having lived in Adelaide his whole life, Luke is able to answer almost any South Australian question you may have. Moreover, Luke has gained invaluable experience and knowledge from working directly under Chris Johnston. Through his own South Australian experiences and professional expertise, Luke can assist you with any Australian migration concerns you may have.

Find out more about Luke Edwards practice areas.

South Australian Immigration Services

Our team of South Australian immigration lawyers and registered migration agents have helped thousands of migrants work towards their dreams of living in Australia. Work Visa Lawyers is devoted to providing professional and excellent immigration services to all of our clients around Australia and the world. Being a South Australian based immigration service, we are in tune with the SA communities and immigration climate. It’s becoming more and more difficult to overlook South Australia when immigrating to Australia.

Whether you are a student, skilled worker, or an international business professional, Work Visa Lawyers is committed to ensuring that every applicant knows what options they have. If you are concerned about your Australian immigration application, dealing with the Department of Home Affairs, or have questions about what opportunities you may be, please contact Work Visa Lawyers.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including Student Visa applications. Our areas of expertise include Student Visas, Skilled Migration visas, Business Skills Migration visas, Employer-Sponsored Work Visas, Partner, and other Family Migration visas, as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.


If you require further information regarding your Australia visa options you can contact us through:

Phone: +61 8 8351 9956

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Overview

The Australian (subclass 500) Student Visa allows international students to live in Australia and participate in a course of study for up to 5 years.

You can apply for the student (subclass 500) visa while in Australia or off-shore. Once you have received your visa, you will be able to come to Australia to participate in an eligible course of study. Furthermore, eligible applicants will be able to bring their families with them to Australia.

What Can I Do On A Student Visa?

The Australian Student Visa (subclass 500) allows you to do much more than study. The student visa allows you to travel in and out of Australia as many times as you want and allows you to work 40 hours bi-weekly as soon as your course starts. Moreover, once you have completed your course, the subclass 500 visa will also allow you to apply for a different temporary or permanent visa, if eligible.

You can include family members when you lodge your visa application. For student visas, your eligible family members are:

  • your spouse or de facto partner, or
  • your, or your spouse or de facto partners’ dependent child who is unmarried and has not turned 18 years of age.

3 Main Student Visa Application Requirements

There are three main requirements every applicant must complete to apply for the Australian student visa (subclass 500) including;

  • You must be enrolled in a course of study in Australia
  • You must hold Overseas Student Health Cover (OSHC), or fall in one of the exemption categories, for your stay in Australia.
  • If you are under 18, you must prove you have a welfare arrangement

English Language Requirement

Unless you are exempt, you must meet the Student visa English language requirement by providing evidence that you achieved the applicable score on an approved English language test. The English language test must have been taken in the 2 years before you apply for a student visa.

The International English Language Testing System (IELTS)International English Language Testing System (IELTS) is one of the leading English test providers and has recently accommodated their testing platforms. IELTS now has computer-delivered tests to better assist students.

Check the table below to review all the different English Testing Providers and the minimum score accepted to prove evidence of English language for the subclass 500 visa.

English language test providersMinimum scoreMinimum score and at least 10 weeks English Language Intensive Courses for Overseas Students (ELICOS)Minimum score and at least 20 weeks ELICOS
International English Language Testing System (IELTS) 6 5.5 5
TOEFL internet-based test 64 46 35
Cambridge English: Advanced (Certificate in Advanced English) 169 162 154
Pearson Test of English Academic (PTE Academic) 50 42 36
Occupational English Test B for each test component B for each test component B for each test component

Other Student Visa Requirements

Other Australian student visa requirements include;

  • If you are a school student (but not participating in a secondary school student exchange program), you must be aged 6 or older to apply for this visa.
  • You must have enough money to pay for your stay in Australia.
  • You and any accompanying family members who apply for the visa must meet the health requirements
  • You and family members aged 16 years and over who apply for the visa must meet character requirements
  • You must be a genuine temporary entrant (GTE) and intend to return home after studying in Australia. See how to avoid a GTE refusal.

How Do I Apply For An Australian Student Visa?

The application process for an Australian student visa is reasonably straightforward. The first step would be to research the intended courses, and the educational institution you wish to enroll in, then begin to schedule your health examinations.

Whether you are inside Australia or off-shore, you must apply for the Student Visa (subclass 500) online through your ImmiAccount. It is essential that you ensure all your documents and information is accurate.

Once you have submitted your application, Home Affairs will not provide any further updates on your application's progress but you will need to check your ImmiAccount to see if Home Affairs has requested more information from you.

If you did not attach all your documents when you applied, attach them as soon as you can in ImmiAccount.

How Will I Know If I Have Been Granted A Student Visa?

The Department of Home Affairs will email you once they have made a decision on your application.

The email will tell you:

  • your visa grant number
  • the date your visa starts (when you can arrive in Australia)
  • your visa conditions

* Keep a copy of the email with you when in Australia.

If Home Affairs refuses your visa, the email will explain why you have been refused and whether you have a right to a review of the decision.

Student Visa Processing Times

Processing times for all Australian visas change over time and depend on the demand. The Department of Home Affairs website has listed the approximate student visa processing times.

Your application can take longer to process if:

  • you do not fill it in correctly
  • you do not include all the documents we need or we need more information from you
  • it takes us time to verify your information

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including Student Visa applications. Our areas of expertise include Student Visas, Skilled Migration visas, Business Skills Migration visas, Employer-Sponsored Work Visas, Partner, and other Family Migration visas, as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.


If you require further information regarding your Australia visa options you can contact us through:

Phone: +61 8 8351 9956

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Need help with an Australian citizenship application or a Resident Return Visa (RRV) renewal?

I want to apply for an Australian citizenship or RRVOur team of Registered Migration Agents can assist you with the application for Australian citizenship or the subclass 155 RRV, especially when you have circumstances which require further explanation or clarification when applying.

For more information please follow the appropriate links:

I want to know more about applying for an Australian citizenship

I want to know more about applying for a RRV

I want to see testimonials of people who were successful with their citizenship applications

Contact Work Visa Lawyers and speak with our Registered Migration Agents and Lawyers today.

ReviewsIf you have received a refusal to a visa or citizenship application, you may be able to have the decision reviewed.

The avenues for review include the following:

Timing is Important

If you have received a refusal or negative finding, it is important that you seek legal advice in a timely manner. Many appeal options have strict deadlines to lodge an appeal, after which it is difficult or impossible to lodge an appeal.

Tribunals

The Administrative Appeals Tribunal (AAT) is the organisation responsible for reviewing decisions made by the Australian government. The Migration and Refugee Division (MRD) is a division under the AAT which reviews Australia visa decisions. Typically applicants and visa holders will submit an application for review when their visa application is refused, or when their Australian visa is cancelled. Additionally the MRD also reviews decisions regarding sponsorship and nomination under employer sponsored visas. Citizenship application decisions are also reviewed by the MRD.

When a decision is being reviewed by the Tribunal one of the following results occur:

  • the decision is affirmed (i.e. there are no changes)
  • the decision is set aside (i.e. the decision is substituted with a new and different decision)
  • the original application (visa/citizenship/sponsorship/nomination) is remitted (i.e. returned) to the Department of Immigration and Border Protection (DIBP) for reconsideration with recommendations by the Tribunal on additional factors to be considered
  • the decision is varied

The AAT conducts a merits review which is explained as follows on the AAT website:

Merits review is an administrative reconsideration of a case. A merits review body makes decisions within the same legislative framework as the primary decision maker, and may exercise all the powers and discretions conferred on the primary decision maker.

The Tribunal reviews the application afresh and may also consider new evidence or information submitted with the review application.

The AAT is independent of the DIBP and has the powers to review and reverse (set aside) the decisions made by DIBP.

Should I submit a review to the AAT for my visa/sponsorship application that was refused?

You can submit a review application only if you are entitled for review rights. The decision to lodge a review application to the AAT depends on the circumstances of the visa/sponsorship refusal. Some of the common grounds for refusals include:

  • Partner visas – Schedule 3 issues, failure to demonstrate genuine relationship
  • Student visas – Meeting the Genuine Temporary Entrant (GTE) requirement, lack of financial capacity
  • 457, RSMS and ENS visas – Demonstrating genuine position
  • Visitor visas – Meeting the Genuine Temporary Entrant (GTE) requirement

At Work Visa Lawyers we will assess the original application and supporting documents submitted and advise if the prospects for review are favourable. The Decision Record received by the applicant will also be studied in detail to identify weak areas of the original application and how we can address them in the review application.

What are my chances of success with the AAT-MRD review?

The chances of obtaining a positive outcome from the Tribunal to set aside a DIBP decision require the following:

  • a thorough analysis of the refusal Decision Record
  • in-depth knowledge about the visa applied and the requirements
  • assessing the applicant’s circumstances and ability to address the issues highlighted by the DIBP delegate when deciding on the refusal

In summary it should be considered whether the applicant can provide better evidence or information that will meet the visa application requirements. If the original application can be improved then the chances for success with the review will be increased.

Applicants with complicated circumstances should also note that submitting an AAT review application is a pathway towards ministerial intervention. You can only request for a ministerial intervention if you have received a decision from the AAT. You should be aware that the Minister only intervenes in a small amount of cases and you should have unique or exceptional circumstances before applying for a ministerial intervention.

Ministerial Intervention

The Minister of Immigration and Citizenship has powers to grant visas and change decisions made by review bodies such as the AAT.

These powers are discretionary and are only exercised in limited circumstances. The power will only be exercised if it is in the public interest to do so. The Minister’s powers can often only be exercised after the AAT has made a decision.

Courts – Judicial Review

If you have received a refusal in a migration matter it may be possible to have the case reviewed by the Federal Magistrates Court, the Federal Court of Australia or the High Court. Judicial review is only available in limited circumstances where there has been an error of law.

Strict time limitations apply when applying for judicial review.

We can advise you on your review rights.

Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston provides migration advice to people and businesses from all over the world.

 

Do you need help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

Contact us.

Services for EmployersServices for Employers

Australia's employer sponsored visa programme allows Australian businesses to find required help in a relatively short time. The programme is meant to help businesses who have difficulty hiring local workers because of one or more of the following reasons:

  • the required skills and expertise are specialised and in shortage in Australia
  • the location of the employment is not attractive for local workers

The most common visa options for employer sponsored visas include the following subclasses:

482 Temporary Skills Shortage Visa

This includes Designated Area Migration Agreements 

186 Employer Nominated Scheme (Permanent) Visa

494 Skilled Employer Sponsored Regional (Provisional) Visa

Superseeded the 187 Regional Migration Scheme (Permanent) Visa


Learn more about the different visa options by clicking on the appropriate visa for your situation.

 

Work Visa Lawyers – Your Expert and Experienced employer sponsored visas Migration Firm

The team of Registered Migration Agents at Work Visa Lawyers have had clients from various industries and employment backgrounds. With a keen understanding of the industry we will be able to put forward your application with relevant and effective supporting documents and information.

Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston and his team of Registered Migration Agents provide migration advice to people and businesses from all over the world.

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