Visitor Visa - Immigration Solutions Lawyers Sydney Best Immigration Lawyers in Sydney Fri, 09 Feb 2024 02:17:42 +0000 en-US hourly 1 https://immigrationsolutionslawyers.com.au/wp-content/uploads/2022/06/cropped-favicon-32x32.png Visitor Visa - Immigration Solutions Lawyers Sydney 32 32 Visitor (Subclass 600) Visa (Tourist Stream) with previous visa refusals https://immigrationsolutionslawyers.com.au/case/visitor-subclass-600-visa-tourist-stream-with-previous-visa-refusals/ Fri, 09 Feb 2024 02:16:25 +0000 https://immigrationsolutionslawyers.com.au/?post_type=liquid-portfolio&p=14764 Visitor (Subclass 600) Visa (Tourist Stream) with previous visa refusals CASE TYPE The Applicant had never visited Australia previously and had lodged two Student Visa’s and a Visitor visas, and subsequently all were refused on the basis that they didn’t satisfy 600.211 of the Migration Regulation 1994(Cth), which essentially set out the Genuine Temporary Entrant […]

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Visitor (Subclass 600) Visa (Tourist Stream) with previous visa refusals

CASE TYPE

The Applicant had never visited Australia previously and had lodged two Student Visa’s and a Visitor visas, and subsequently all were refused on the basis that they didn’t satisfy 600.211 of the Migration Regulation 1994(Cth), which essentially set out the Genuine Temporary Entrant requirements.

The main strategy for the new Visitor Visa application was to display to the Department that the Applicant meets Genuine Temporary Entrant requirements on the basis that the Applicants ties to their home country had increased through their property ownership and firm employment.

CASE BACKGROUND/DIFFICULITY

The Applicant has previously provided evidence of their ties to their home country however still did not meet the Genuine Temporary Entrant requirements. The Applicant also had multiple family members who gained permanent residency in Australia also weighing against them in showing they meet the requirements.

CASE STRATEGY

We ensured the Applicant’s family in Australia does not necessarily indicate that an applicant is not intending a genuine temporary stay and is not a reason in and of itself to refuse their application. As per the guidance in various policies stated for the GTE requirement, we utilised the Applicants strong employment, property and family ties in their home country, and ensured were adequality evidence and acted as evidentiary support in their detailed submission which we provided upon lodgement of their visa application.

CASE OUTCOME

The Department accepted the Applicant’s submission, and the Applicant was subsequently granted a Visitor Visa within 3 weeks of applying and was able to visit Australia and visit her family as she intended in time for Christmas!

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]]> Waiver of condition 8503 due to discrimination (same-sex relationship) – Condition waived https://immigrationsolutionslawyers.com.au/case/waiver-of-condition-8503-due-to-discrimination-same-sex-relationship-condition-waived/ Tue, 05 Apr 2022 11:09:19 +0000 https://immigrationsolutionslawyers.com.au/portfolio/waiver-of-condition-8503-due-to-discrimination-same-sex-relationship-condition-waived-9/ Waiver of condition 8503 due to discrimination (same-sex relationship) – Condition waived The applicant was originally from an Asian Pacific country and had arrived in Australia on a tourist visa. The applicant met the sponsor and the two began a relationship. The applicant wanted to stay in Australia, however he had an 8503 condition imposed […]

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Waiver of condition 8503 due to discrimination (same-sex relationship) - Condition waived

The applicant was originally from an Asian Pacific country and had arrived in Australia on a tourist visa. The applicant met the sponsor and the two began a relationship. The applicant wanted to stay in Australia, however he had an 8503 condition imposed on his visa. This meant that he could not apply for any visas whilst he was in Australia.

We submitted to the Department that the sponsor suffered from severe depression and was completely dependent on the applicant for emotional and psychological support.

This argument was accepted by the Department and the applicant was able to lodge an onshore visa application.

We then made an application for a Subclass 826 Interdependency Visa (now included under a Subclass 820 Partner Visa). We argued that the 12-month cohabitation rule should be waived due to the couple’s compelling and compassionate circumstances. We submitted evidence of the couple’s genuine and continuing relationship and the sponsor’s complete dependency on the applicant. We emphasised the discrimination that the applicant and his children from his previous marriage would face due to his homosexuality if he were to return to his country of birth.

The application was ultimately successful and the applicant was granted a partner visa. 

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]]> Visa Refusal based on Genuineness https://immigrationsolutionslawyers.com.au/case/visa-refusal-based-on-genuineness/ Tue, 05 Apr 2022 11:02:16 +0000 https://immigrationsolutionslawyers.com.au/portfolio/visa-refusal-based-on-genuineness-6/ Visa Refusal based on Genuineness The Applicant lodged a protection visa, although he had already met the Sponsor. The Applicant and Sponsor then married, and after this the Applicant’s protection visa was refused. The Applicant then lodged an application for a Partner visa on the grounds of being in a spousal relationship with an Australian […]

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Visa Refusal based on Genuineness

The Applicant lodged a protection visa, although he had already met the Sponsor. The Applicant and Sponsor then married, and after this the Applicant’s protection visa was refused. The Applicant then lodged an application for a Partner visa on the grounds of being in a spousal relationship with an Australian citizen.

The Department refused to grant the Partner visa. The Applicant then applied to the MRT for review of the delegates’ decision. A hearing was scheduled with the MRT, however the Applicant and Sponsor attended alone as their migration agent failed to attend. Immigration Solutions Lawyers (‘ISL’) was instructed to act for the client in relation to the MRT after the hearing had taken place. The MRT then affirmed the decision to refuse the Partner visa.

The Applicant applied for Ministerial intervention and lodged a complaint with OMARA concerning the conduct of his previous Migration Agent. The Minister intervened in the Applicant’s case and granted him a 676 visa with work rights to enable the Applicant to lodge a Partner visa. However, the Partner visa was refused and the Applicant made an application for a review to the MRT. The refusal was based on the Applicant’s visa history and the Department had reached the view that the Applicant and Sponsor were not in a genuine and continuing relationship.

ISL submitted that the Applicant provided a substantial amount of evidence to prove the genuineness of his relationship with the Sponsor, and that the Applicant would provide further evidence of their relationship such as evidence of their joint residence and joint bank account.

ISL successfully secured the grant of a Partner visa.

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]]> Refusal to grant visa on account of applicant’s qualifications https://immigrationsolutionslawyers.com.au/case/refusal-to-grant-visa-on-account-of-applicants-qualifications/ Tue, 05 Apr 2022 11:02:14 +0000 https://immigrationsolutionslawyers.com.au/portfolio/refusal-to-grant-visa-on-account-of-applicants-qualifications-6/ Refusal to grant visa on account of applicant’s qualifications The applicant had first arrived in Australia in 2010 on a Working Holiday Visa. The following year the applicant lodged an application for the 457 Visa. The visa application was refused because the applicant did not have the relevant skills or qualification for the nominated occupation. […]

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Refusal to grant visa on account of applicant's qualifications

The applicant had first arrived in Australia in 2010 on a Working Holiday Visa. The following year the applicant lodged an application for the 457 Visa. The visa application was refused because the applicant did not have the relevant skills or qualification for the nominated occupation.

Between 2011 and 2013 a preliminary submission to MRT was made, a successful nomination for the applicant’s sponsoring company was produced and the applicant’s skills and qualifications were presented to the proper skills assessment authority. In November 2013, ISL submitted details on the applicant’s skills and qualifications demonstrating that the applicant had now satisfied all requirements.

A decision was made on the papers by MRT without a hearing and the case was remitted back to DIBP for the grant of the visa.

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]]> Refusal of a Student Visa & Overturned; Visa Granted https://immigrationsolutionslawyers.com.au/case/refusal-of-a-student-visa-visa-granted/ Tue, 05 Apr 2022 11:02:14 +0000 https://immigrationsolutionslawyers.com.au/portfolio/refusal-of-a-student-visa-visa-granted-6/ Refusal of a Student Visa & Overturned; Visa Granted The applicant is a citizen of Indonesia who had been granted a visitor visa in 2009. During that time, she was employed to provide full-time care to an impaired nine year old child, cohabiting with his family. Driven by a desire to address the lack of […]

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Refusal of a Student Visa & Overturned; Visa Granted

The applicant is a citizen of Indonesia who had been granted a visitor visa in 2009. During that time, she was employed to provide full-time care to an impaired nine year old child, cohabiting with his family.

Driven by a desire to address the lack of care options available in her home country, the applicant sought to study Disability and Community Service courses in Australia. Accordingly, she applied for a subclass 572 student visa. This was refused by the Department of Immigration and Citizenship, which found that she was not a genuine student’ due to her substantial care responsibilities for the child.

ISL was instructed to appeal this decision to the Migration Review Tribunal. We were successful in establishing to the Tribunal that the applicant was a genuine student’ by demonstrating an improvement to the child’s health , which had alleviated the applicant’s care responsibilities. Further, we submitted evidence of the applicant’s genuine passion for her chosen area of study, as demonstrated not only by her enrolment in relevant educational courses, but also her paid and volunteer work in the field.

Upon this evidence, the Tribunal decided to overturn the Department’s decision to refuse the student visa.

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]]> Refuse to grant a Student Visa https://immigrationsolutionslawyers.com.au/case/refuse-to-grant-a-student-visa/ Tue, 05 Apr 2022 11:02:14 +0000 https://immigrationsolutionslawyers.com.au/portfolio/refuse-to-grant-a-student-visa-6/ Refuse to grant a Student Visa The applicant arrived in Australia in 2007 and lodged an application for a Student Visa. The applicant enrolled into 5 courses from 2007 to 2011, they were all cancelled. He then enrolled into another course that runs from 2011 to 2013. He also did not achieve the required results […]

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Refuse to grant a Student Visa

The applicant arrived in Australia in 2007 and lodged an application for a Student Visa. The applicant enrolled into 5 courses from 2007 to 2011, they were all cancelled. He then enrolled into another course that runs from 2011 to 2013. He also did not achieve the required results in his IELTS test.

The Department of Immigration & Citizenship refused to grant the visa on the basis that the applicant was not a genuine applicant for entry and stay as a student because the applicant did not meet the assessment level requirement of the Student Visa.

After the applicant’s application for the Student Visa was refused, ISL was instructed to appeal the decision to the Migration Review Tribunal.

Before the Member, ISL submitted that objectively the applicant had a bad start to his studies and he did not have the best records though had been conscientious in relation to his current course. ISL also submitted evidence of this to the Tribunal including updated IELTS results, Confirmation of Enrolment and evidence of financial capacity for the current course.

The Tribunal considered the evidence and arguments put forth and found that the applicant satisfied the requirements and assessment level to which he is subject to. Accordingly, the Tribunal has remitted the application for a Student Visa for reconsideration.

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]]> Carer Visa Application Severe Health Condition https://immigrationsolutionslawyers.com.au/case/carer-visa-application-severe-health-condition/ Tue, 05 Apr 2022 09:36:44 +0000 https://immigrationsolutionslawyers.com.au/portfolio/carer-visa-application-severe-health-condition-4/ Carer Visa Application Severe Health Condition The visa Applicant and Sponsor came to Immigration Solutions Lawyers (ISL) seeking help with a Subclass 836 Carer Visa application. The Applicant arrived in Australia on a visitor visa to attend a family event. During her time in Australia it became evident that she needed to stay in order […]

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Carer Visa Application Severe Health Condition

The visa Applicant and Sponsor came to Immigration Solutions Lawyers (ISL) seeking help with a Subclass 836 Carer Visa application.

The Applicant arrived in Australia on a visitor visa to attend a family event. During her time in Australia it became evident that she needed to stay in order to look after a close family member who was suffering from a number of severe medical conditions. The Applicant and Sponsor came to ISL seeking advice from our experienced legal team.

The lawyers at ISL constructed a detailed submission explaining the reason why the Applicant would be the only relative available to look after the family member. In support of the argument put forwarded, ISL also submitted extensive evidence, including medical documentation from a medical physician. ISL provided evidence establishing that the family member required daily care to perform daily tasks and most basic needs. The severity of the family member’s condition constituted grounds for the Applicant to stay.

ISL was able to obtain a positive outcome for the Applicant and her family as she was granted a Subclass 836 Carer Visa and is currently residing in Australia as a permanent resident. ISL was able to obtain this successful result in only 3 years, which is well below the DIBP’s current estimated processing time of 4.5 years.

ISL is a leading immigration law firm headed by the managing director and principal lawyer Anne O’Donoghue. Mrs O’Donoghue has over 22 years of experience and is well equipped in dealing with complex visa applications. The firm has been assisting clients in navigating the different avenues of migration to Australia since 1993.

To read more about Immigration Solutions Lawyers click here.

Click here to read more of our successful cases.

Click here to read our article: Are you getting the right immigration help?’

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]]> The Importance of Disclosing a Criminal Offence https://immigrationsolutionslawyers.com.au/case/the-importance-of-disclosing-a-criminal-offence/ Tue, 05 Apr 2022 09:34:10 +0000 https://immigrationsolutionslawyers.com.au/portfolio/the-importance-of-disclosing-a-criminal-offence-4/ The Importance of Disclosing a Criminal Offence The Applicant came to Immigration Solutions Lawyers seeking assistance  with a Subclass 820 Partner visa on the basis of her relationship with an Australian permanent resident. The Applicant arrived in Australia on a Subclass 417 Working Holiday visa. After the expiry of the Subclass 417 and Applicant applied […]

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The Importance of Disclosing a Criminal Offence

The Applicant came to Immigration Solutions Lawyers seeking assistance  with a Subclass 820 Partner visa on the basis of her relationship with an Australian permanent resident.

The Applicant arrived in Australia on a Subclass 417 Working Holiday visa. After the expiry of the Subclass 417 and Applicant applied for and was granted a Subclass 572 Vocational Education and Training Sector visa. During this time the Applicant met and started a relationship with the Sponsor. The couple entered into a genuine and committed relationship and soon married.

While preparing the Subclass 820 partner visa lodgement the team at Immigration Solutions Lawyers determined that there would be a character issue with the Applicants past. The Applicant advised Immigration Solutions that she had ongoing criminal proceedings against her for an assault offence which occurred against the Sponsor.

The team were able to provide extensive evidence of the couple’s long standing relationship and details of the offence that occurred and the misunderstanding. We were also able to provide evidence of the hardship it would cause if the application was to be refused for not only the Applicant but also the Sponsor.

Immigration Solutions were able to submit that the Applicant was of good character and did not pose any danger to the Australian community. The Applicant had been in Australia for a significant period of time, and apart from the incident with the Sponsor, she has never had any previous issues with the law.

The Applicant was found to be not guilty and the charges were dismissed after the lodgement of the initial application.

Immigration Solutions were able to provide enough evidence of the Applicants good character and the extent of the relationship with the Sponsor.

Immigration Solutions were successful in obtaining the Subclass 820 Partner visa for the Applicant.

Immigration Solutions is a leading immigration law firm headed by the managing director and principal lawyer Anne O’Donoghue. The firm has been assisting clients in navigating the different avenues of migration to Australia for the past 23 years.

To find out more about Immigration Solutions Lawyers click here.

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]]> Subclass 600 Visitor Visa Application – Family Sponsored Stream https://immigrationsolutionslawyers.com.au/case/subclass-600-visitor-visa-application-family-sponsored-stream/ Tue, 05 Apr 2022 09:34:09 +0000 https://immigrationsolutionslawyers.com.au/portfolio/subclass-600-visitor-visa-application-family-sponsored-stream-4/ Subclass 600 Visitor Visa Application – Family Sponsored Stream The Applicant wished to apply for a subclass 600 Visitor Visa, Family Sponsored Stream. He sought to visit Australia to attend a family event and to visit a close relative. The Applicant requested assistance from Immigration Solutions Lawyers (‘ISL’) due to his two previous applications for […]

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Subclass 600 Visitor Visa Application - Family Sponsored Stream

The Applicant wished to apply for a subclass 600 Visitor Visa, Family Sponsored Stream. He sought to visit Australia to attend a family event and to visit a close relative. The Applicant requested assistance from Immigration Solutions Lawyers (‘ISL’) due to his two previous applications for visitor visas being refused.

The first tourist visa was refused for a number of reasons; the Applicant had limited immediate family remaining in his home country, he had no travel history overseas and there was a high non-return rate for visitors from the Applicant’s home country which was in the Middle East. The second tourist visa was refused due to a complication with his relative’s Australian visa and the imposition of a condition preventing Family Sponsored Tourist visas.

ISL prepared the application for the third tourist visa. ISL provided evidence addressing the points of concern raised in the previous visa refusals. First, ISL submitted that the Applicant had more immediate family members in his home country than in Australia. Second, ISL submitted that the Applicant’s lack of travel history was due to his youth. Third, ISL acknowledged the high non-return rates for visitors from the Applicant’s home country but provided evidence of the structured life the Applicant had in his home country. ISL requested that those factors also be taken into account. In regards to the second tourist visa refusal, ISL submitted that the reasons preventing the visa grant no longer existed.

ISL provided a detailed submission to outline the Applicant’s intention to comply with the visa conditions if granted, and to demonstrate the Applicant’s strong incentive to leave Australia before the expiry date of the tourist visa.

ISL was successful in securing the grant of a subclass 600 visitor visa for the Applicant.

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]]> Subclass 600 Visitor Visa & Tourist Stream https://immigrationsolutionslawyers.com.au/case/subclass-600-visitor-visa-tourist-stream/ Tue, 05 Apr 2022 09:34:09 +0000 https://immigrationsolutionslawyers.com.au/portfolio/subclass-600-visitor-visa-tourist-stream-4/ Subclass 600 Visitor Visa & Tourist Stream The Applicant wished to apply for a subclass 600 Visitor Visa in the tourist stream. The Applicant had already lodged an application for a 309 Offshore Partner visa. She wished to apply for a visitor visa in order to visit her spouse while the partner visa application was […]

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Subclass 600 Visitor Visa & Tourist Stream

The Applicant wished to apply for a subclass 600 Visitor Visa in the tourist stream. The Applicant had already lodged an application for a 309 Offshore Partner visa. She wished to apply for a visitor visa in order to visit her spouse while the partner visa application was being assessed.

Immigration Solutions Lawyers (‘ISL’) submitted that there was no reason why the Applicant would not abide by the conditions of her visitor’s visa, namely the condition that she must depart Australia by the tourist visa expiry date. ISL indicated that due to the fact that the Applicant had lodged a 309 visa application and the visa application could not be decided while the Applicant was onshore, it was in her best interests to abide by the visa condition and return to her home country located in central Europe. ISL submitted that the Applicant was therefore not at risk of overstaying her tourist visa or not abiding by any other visa conditions.

ISL succeeded in demonstrating that the Applicant had a strong incentive to leave Australia before the expiry date of the tourist visa, and subsequently the tourist visa was granted to the Applicant.

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