March 2024

The Role of Registered Migration Agents

The Role of Registered Migration Agents in Australia

Embarking on your immigration journey in Australia? Let our registered migration agents guide you through the maze of laws and paperwork hassle-free! From temporary residency to citizenship, we've got your back every step of the way.

Why Seek Professional Help?

Navigating the intricate pathways of migration laws and regulations in Australia can be a daunting task for individuals and families alike. Whether you are seeking temporary residency, permanent residency, or citizenship, the process often involves a myriad of paperwork, legal complexities, and deadlines. In such a scenario, seeking professional assistance from registered migration agents can significantly alleviate the stress and uncertainty associated with the immigration process.

What is a Registered Migration Agent?

Registered Migration Agents (RMAs) are professionals registered with the Office of the Migration Agents Registration Authority (OMARA), an Australian government authority. These agents possess in-depth knowledge of Australian migration laws, policies, and procedures. They are authorized to provide immigration advice and assistance to individuals and businesses seeking to migrate to Australia.

Expertise and Experience

One of the primary reasons to seek the assistance of a registered migration agent is their expertise and experience in the field. RMAs undergo rigorous training and accreditation processes to ensure they are well-versed in Australian migration laws and procedures. With their comprehensive understanding of the legal framework, they can provide tailored advice and guidance to clients based on their specific circumstances.

Immigration Pathways

Australia offers various immigration pathways, including skilled migration, family migration, student visas, and humanitarian visas, among others. Navigating these pathways requires a thorough understanding of eligibility criteria, documentation requirements, and application processes. RMAs can assess your eligibility for different visa options and guide you through the most suitable pathway based on your qualifications, skills, and personal circumstances.

Document Preparation and Lodgment

The preparation and lodgment of visa applications involve meticulous attention to detail and adherence to strict guidelines. Any errors or omissions in the application can lead to delays or even visa refusals. Registered migration agents are adept at preparing and reviewing visa applications to ensure they meet the requisite standards. They can assist in gathering supporting documents, completing application forms, and submitting applications to the Department of Home Affairs on behalf of their clients.

Legal Compliance and Risk Mitigation

Compliance with migration laws and regulations is paramount to the success of visa applications. RMAs stay updated with changes in immigration policies and procedures to ensure their clients remain compliant throughout the application process. By engaging the services of a registered migration agent, individuals can mitigate the risk of non-compliance and potential visa refusals.

Communication and Representation

Effective communication with immigration authorities is essential for addressing queries, providing additional information, and resolving any issues that may arise during the application process. Registered migration agents serve as liaisons between their clients and the Department of Home Affairs, advocating for their interests and ensuring timely responses to requests for information.

Appeals and Reviews

In the unfortunate event of a visa refusal or cancellation, individuals have the right to appeal or seek a review of the decision. RMAs can provide invaluable assistance in preparing appeals and representing clients before relevant tribunals or review bodies. Their expertise in immigration law equips them to present compelling arguments and evidence to support their clients’ cases.

Conclusion

In conclusion, the role of registered migration agents in Australia cannot be overstated. From providing expert advice and guidance to facilitating the visa application process, these professionals play a vital role in helping individuals and families navigate the complexities of Australian migration laws. By engaging the services of a registered migration agent, individuals can enhance their chances of a successful visa outcome and embark on their journey to a new life in Australia with confidence.

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Difference between an onshore and offshore partner visa

What is the difference between an onshore and offshore partner visa

Whether applying onshore (subclass 820/801) or offshore (subclass 309/100), understanding the process is crucial. Stay informed as we dive into the intricacies and benefits of each pathway.

Basically, an Australian Partner visa will enable a spouse or de facto partner of an Australian to live and work in Australia. An Australian Partner visa application can be made either onshore (subclass 820/801) or offshore (subclass 309/100).

When you apply for an Australian visa while you are outside of Australia, this is called an offshore visa application. Onshore visa applications are made while you are within Australia.

We will discuss the differences between these two types of visa applications in this post, as well as provide you with some important tips to remember when lodging your visa application.

Onshore Partner Visa – Subclass 820/801

The onshore partner visa is a two-stage process:

Stage 1:

Submit a combined application for the temporary (subclass 820) and permanent (subclass 801) partner visa. In the first stage, you are granted a temporary visa that allows you to live with your partner in Australia for two years.

Stage 2:

Filed 2 years after stage 1 to demonstrate a continuing relationship. In the second stage of the process, you will be granted a permanent visa, which will allow you to live with your partner permanently in Australia.

Onshore partner visas require you to be in Australia both when you lodge the application and when the decision is made.

Prior to obtaining a permanent Partner visa (subclass 801), you must first obtain a temporary Partner visa (subclass 820). In order to qualify for this visa, you must first meet the following requirements:

You are the spouse (married) or de facto partner of:

  • Australian citizen
  • eligible New Zealand citizen or
  • a permanent resident of Australia

You must also be in Australia to lodge stage 1 and apply for a subclass 820 visa if you meet the above requirements.

Offshore Partner Visa – Subclass 309/100

The term offshore partner visa refers to a process that takes place while a partner is abroad in another country. After the visa is granted, you can come to Australia. Applicants for offshore partner visas must be overseas when they apply. They must also be overseas when the decision is made.

The offshore partner visa is a two-stage process:

Stage 1:

This stage provides you with a temporary visa that allows you to live in Australia with your partner. Temporary partner visas (subclass 309) and permanent partner visas (subclass 100) can be applied for together.

Stage 2:

Filed two years after stage 1 to demonstrate that the relationship is still ongoing. This is a permanent visa. To qualify for an offshore partner visa, you must first meet the following basic requirements:

Being the spouse (married) or de facto partner of an:

  • Australian citizen
  • eligible New Zealand citizen or
  • a permanent resident of Australia

Temporary And Permanent Visas

It is important that stage 1 and stage 2 of the application must both be lodged outside of Australia if the subclass 309 is to be granted. Additionally, you can apply for an offshore partner based on an ‘intended’ marriage, as long as you are married at the time the application is decided.

While you await the decision on your permanent partner visa, you will still be able to travel in and out of Australia on a temporary partner visa. With a temporary visa, you can also enroll in medical benefits, work, and study in Australia.

You can apply for both stages (the temporary and permanent visas) at the same time.

How To Ensure Your Application Is Approved

There are a number of reasons why partner visas can be denied. Following are a few questions to ask during the application process to ensure it is processed quickly and approved:

  • Is my relationship considered genuine by the Department? Visas for partners are often refused due to non-genuine relationships.
  • Can you show photos of yourselves together?
  • Do you have a joint bank account?
  • Do you exchange texts and calls?
  • Have you ever traveled together?

These are all things that prove the genuineness of your relationship.

Is my response to all the requests of the embassy or immigration officer complete?

In the event that an embassy or immigration official contacts you for additional documentation, you must provide that information. Otherwise, your visa will be refused.

Did I meet the requirements for the interview?

You will be asked questions regarding your partner and relationship during your interview. Applicants who do not adequately answer these questions may have their applications rejected.

Is all of my documentation authentic and current?

The Department verifies and checks all documents you provide. Thus, it is crucial that all documents you provide are true and accurate. Otherwise, your visa will be denied.

How can I determine if I meet the health and character requirements?

To qualify for the visa, you must pass medical examinations and x-rays, as well as pass character tests. It’s especially critical that you consider your character requirements and anything that might hinder you from meeting them. Have you ever been convicted of a crime? Do you have any acquaintances who might be involved in a crime?

Is there anything else I need to know?

Partner visas require a sponsor. The sponsor is responsible for the partner’s financial obligations, accommodations, and living expenses.

The Department of Immigration and Border Protection will also require you to undergo a health examination and meet its character requirements.

How Do I Apply?

Your application for a partner visa should be carefully prepared and submitted. The process can be handled by us, and we will help make sure you receive your visa as quickly as possible. Contact us today to get started.

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