📞 (02) 9687 6000  |  ✉️ info@ckmigration.com.au  |  📍 Parramatta NSW

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FREQUENTLY ASKED QUESTIONS

FAQ

Answers to the most common questions about Australian migration law, visa pathways, and our services.

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The FAQs below address the most common questions we receive. Can’t find what you’re looking for? Contact our team for personalised advice on your migration matter.

Choosing the Right Help

Australian migration law is highly technical and constantly evolving. Engaging an experienced immigration lawyer or registered migration agent ensures your application is strategically prepared, fully compliant with current legislation, and supported by the right evidence — significantly reducing the risk of delay or refusal.

This is particularly important for complex matters such as visa refusals, cancellations, character issues, sponsorship compliance, or unusual circumstances, where professional representation can be the difference between approval and refusal. We offer a no-obligation initial discussion to assess your matter and explain the most effective pathway forward.

Registered migration agents are regulated by OMARA and authorised to give visa advice. Immigration lawyers are also admitted solicitors and can additionally appear at the Administrative Review Tribunal, the Federal Circuit and Family Court, and the Federal Court of Australia. At CK Migration, our team includes both — so we can handle any matter from initial application through to judicial review.

Visit the Office of the Migration Agents Registration Authority (OMARA) website at mara.gov.au and search the public register by name or registration number. If a person is not listed, they are not legally permitted to provide migration advice for a fee in Australia.

Ask about their experience with your visa category, OMARA registration and practising certificate, written fee disclosure, expected timeframes, who will personally handle your file, and how they communicate progress. A professional adviser will welcome these questions.

Red flags include: guarantees of visa success, requests for payment in cash or to personal accounts, lack of written agreements, no OMARA registration, and pressure to act immediately. Never pay for a ‘job offer’ overseas. Always use the OMARA register to verify any adviser.

Employer Sponsorship

Approved sponsors are most common in industries with skill shortages — IT, healthcare, engineering, trades, and education. Search strategies include LinkedIn, SEEK, industry-specific job boards, recruitment agencies, and direct outreach to companies with Standard Business Sponsorship status.

For Subclass 482 visas, work rights are tied to your sponsoring employer for your nominated occupation. Changing employers usually requires a new nomination from the new employer. For Subclass 186 (permanent), once granted you can work for any employer. We advise on compliance and pathway protection.

From 1 July 2026, the Core Skills Income Threshold (CSIT) is AUD 79,499 and the Specialist Skills Income Threshold (SSIT) is AUD 146,717. These are indexed annually by the Department of Home Affairs based on Average Weekly Ordinary Time Earnings data.

Yes. The Subclass 186 (Employer Nomination Scheme) and Subclass 494 (Skilled Employer Sponsored Regional) visas provide pathways to permanent residency. Eligibility depends on the employer’s sponsorship status, your occupation, work experience, English ability and other criteria.

A business must first be approved as a Standard Business Sponsor before it can nominate an overseas worker. We assist employers with sponsorship applications, nominations, and ongoing compliance. Some businesses may also qualify for Accredited Sponsor status, which provides priority processing.

Visa Categories & Eligibility

The Department of Home Affairs administers many categories including visitor, student, work, family, partner, parent, skilled, employer-sponsored, business and humanitarian visas. The right visa depends on your purpose, skills, relationships in Australia, and personal circumstances.

Yes. Independent skilled pathways such as the Subclass 189 Skilled Independent and Subclass 491 Skilled Work Regional (Family Sponsored) do not require employer sponsorship. Family, partner, student and visitor visa categories also have no employer requirement.

Visa selection depends on your occupation, age, qualifications, English level, relationship to Australia, and intended duration of stay. We provide tailored eligibility assessments to identify the strongest available pathway for your situation.

Eligible occupations appear on the Department of Home Affairs Skilled Occupation Lists — including the Core Skills Occupation List (CSOL), the Medium and Long-term Strategic Skills List (MLTSSL), the Short-term Skilled Occupation List (STSOL) and the Regional Occupation List (ROL). Each visa category uses a specific list.

Most visa categories permit you to include your spouse or de facto partner and dependent children as secondary applicants. They must satisfy health and character requirements. Specific rules differ between subclasses — we advise on the best strategy for your family.

Refusals, Cancellations & Appeals

Common reasons include: failure to satisfy a Public Interest Criterion (health/character), not meeting a Schedule 2 visa requirement, insufficient or inconsistent evidence, missed deadlines, lapsed sponsorships, or concerns about the applicant’s intentions. Each refusal letter sets out the specific reasons.

Options depend on the visa category and your circumstances. They may include applying for merits review at the Administrative Review Tribunal (ART), requesting Ministerial Intervention, lodging a fresh application if eligible, or judicial review in the Federal Court. Strict time limits apply — usually 7, 21 or 28 days. Seek advice immediately.

The ART replaced the Administrative Appeals Tribunal (AAT) in October 2024 and conducts independent merits review of decisions made by the Department of Home Affairs. The Migration and Protection Jurisdictions handle visa refusals, cancellations, sponsorship and nomination decisions, and citizenship decisions.

Visa cancellation can occur for many reasons — character grounds (s501), incorrect information, breach of visa conditions, or sponsor failure. Consequences are serious and may include detention and removal. Strict deadlines apply for review. Contact us as soon as you become aware of cancellation action.

Decisions of the ART can be reviewed by the Federal Circuit and Family Court of Australia (or the Federal Court of Australia in some cases) on questions of jurisdictional error — not on the merits. Strict time limits apply (usually 35 days from notification). Judicial review requires careful legal analysis.

Application Process & Documents

Most visa applications are lodged online through the Department of Home Affairs ImmiAccount portal. The application includes the relevant form, supporting documents, biometrics where required, and payment of the visa application charge. Our team prepares and lodges your application end-to-end.

Typical documents include passport bio-pages, identity documents, English test results, skills assessment, qualifications, employment evidence, health checks, police clearances, and category-specific evidence (e.g. relationship evidence for partner visas). We provide a tailored checklist for your matter.

Most skilled and employer-sponsored visas require evidence of English ability (IELTS, PTE, TOEFL iBT, OET or Cambridge). Different subclasses set different minimum scores. Some applicants are exempt — for example, passport holders of the UK, USA, Canada, Republic of Ireland and New Zealand.

Yes. All visa applicants must meet health (Public Interest Criteria 4005, 4006A, 4007) and character (s501 of the Migration Act 1958 (Cth)) requirements. Health examinations are conducted by approved panel physicians; police clearances are required from every country you have lived in for 12 months or more in the last 10 years.

Processing times vary by visa category and current Departmental priorities. The Department publishes indicative timeframes online, and we always provide a realistic estimate at the start of your matter. Note: Department processing times can change without notice.

Costs, Timeframes & Practicalities

Our fees vary by matter type and complexity. We provide written fee disclosure before commencing any work, and we offer a no-obligation initial discussion to scope your matter. Typical pricing includes a fixed fee for straightforward visa applications and stage-based or hourly fees for complex matters.

Visa Application Charges (VACs) are set by the Department of Home Affairs and vary by subclass. They range from a few hundred dollars (visitor visas) to several thousand dollars (skilled and partner visas). Some subclasses (e.g. parent visas) have second-instalment charges. VACs are typically indexed each year on 1 July.

If you are in Australia on a substantive visa, your existing work rights generally continue. If your visa is about to expire, lodging a new application before expiry usually triggers a Bridging Visa A, which may carry work rights. Work entitlements depend on your circumstances — we advise carefully on this.

It depends on the subclass. Some are onshore-only (e.g. Subclass 820 Partner, Subclass 866 Protection); some are offshore-only (e.g. Subclass 309 Partner); others can be lodged either way (e.g. Subclass 482, Subclass 189). We advise on the strategic implications of onshore vs offshore lodgement.

We provide regular written updates at each significant stage — file opened, application lodged, requests for further information, decision received. You can also contact our team directly by phone or email at any time during business hours.

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