Immigration To Australia : Australian Immigration | Visa Application Process
If you are considering applying for an Australian visa, it’s important to understand what Australian visas are, how a valid application is made, and how Australian visa applications are processed.
While a general overview of the Australian visa system is helpful, each Australian visa has its own specific set of criteria, guidelines and processes. Prospective migrants to Australia should therefore consult an experienced immigration lawyer to determine the specific requirements of their particular visa class as it relates to their circumstances.
Immigration Solutions near Andheri West, Mumbai listed under Immigration Consultants, Visa Assistance For UK, Immigration Consultants For New Zealand kindly visit http://immigrationsol.com/
Legal definition of a visa
Section 5 of the Migration Act 1958 (the Act) provides a definition of ‘visa’ as it is used and applied in Australian immigration law. The Act defines a visa as a ‘permission to travel to, enter and/or remain in Australia.’
A valid Australian visa will specify how long the holder is permitted to remain in Australia under the conditions of their particular visa. It may allow the holder to remain in Australia for a specified period of time under the holder’s specified status, or it may allow the holder to remain indefinitely.
Criteria for an Australian visa
The Migration Act and Regulations determine and define the requirements or criteria an applicant must meet in order to qualify for an Australian visa of a particular class.
The Regulations state that the criteria which must be met in order for an applicant to obtain an Australian visa are set out in Schedule 2 of the Regulations. For particular Australian visa classes, Schedule 2 may at times refer to other criteria in other Schedules. For some visa classes, there may also be relevant criteria outside these schedules that must to be met in order to obtain a visa in that class.
General requirements for an Australian visa
Section 65 of the Act sets out the general requirements to be met for any Australian visa to be granted. These requirements specify that any applicant for an Australian visa must:
· meet any ‘other criteria’ indicated by either the Act or the Regulations. This includes meeting any relevant criteria set out in Schedule 2 of the Regulations. Other criteria might include a requirement that the application does not exceed any ‘caps’ placed on that visa class by the Minister for Immigration and Citizenship.
· pay any relevant visa application charge (VAC). This includes any second installment VAC that is payable in relation to a visa application.
· meet the health criteria. These are set out in Schedule 2 of the Regulations and indicate which of the criteria must be satisfied for each particular visa class.
· meet the requirements of section 500A (refusal or cancellation of temporary safe-haven visas) and 501 (general powers to refuse on the basis of character).
· meet the requirements outlined in section 40 of the Act relating to the location of the applicant at the time the visa application is granted (for example, whether an applicant must be inside or outside Australia at the time of grant of the visa).
· ensure that no other Australian Commonwealth law prevents the visa being applied for from being legally granted.
Immigration Solutions Mumbai has been providing honest and professional services for migration to Australia. Many of the clientâ ™s reviews and testimonials … kindly visit http://immigrationsol.com/
Valid Australian visa applications
The Migration Act states that in order for the Department of Immigration to consider an application for an Australian visa, it must be a valid application. The Department is unable to consider any invalid applications. Any visa application that is valid must be considered by the Department even where it is obvious the applicant does not meet the eligibility requirements of that particular visa class. Consideration of the application must continue until either the application is withdrawn, the Act or Regulations suspend further consideration (for example, if caps placed on that visa class have been reached) or until a lawful decision is made either to grant or refuse the application.
A decision that an application for an Australian visa is invalid is not a decision to refuse that application. Thus, a decision by the Department that an application is invalid can only be appealed in an Australian court by way of judicial review, not in a merits review tribunal.
An application for an Australian visa is considered ‘valid’ if:
· the visa class being applied for is clearly specified
· the application has been lodged in the appropriate place or office indicated by Schedule 1 of the Regulations (some Australian visa classes require applications to be lodged at a specific place or by particular means such as pre-paid post or online)
· the visa application is filed on the approved form, and that form has been completed according to the instructions supplied on it including providing the applicant’s current residential address
· the relevant Visa Application Charge has been paid in full
· any other eligibility requirements for an application for that visa class set out in Schedule 1 of the Regulations have been met
· the application meets any specific criteria or circumstances detailed in the Regulations for that particular visa class
· the applicant for an Australian visa has provided one (or more) ‘personal identifiers’ if they are required to do so
· if an applicant is in Australia at the time of application, all other criteria specified in the Regulations have been satisfied.
Immigration visa consultants mumbai, Australia Migration visa Consultant, UK Canadaimmigration consultant Mumbai India, Australia immigration consultant … kindly visit http://immigrationsol.com/
Preparing a valid application for an Australian visa
Schedule 1 of the Regulations indicate which completed forms must be lodged by the applicant in order to make a valid application for each particular visa class. If the application does not include these forms, then the application is invalid and will not be processed by the Department.
Accuracy of information
All application forms for an Australian visa must be completed in English, and English translations of any supporting documentation submitted along with the application must be provided. Where a visa application form has been completed on behalf of the applicant by another person, the content of the application should be carefully explained to the applicant before they sign it.
All of the information supplied on any application form for an Australian visa will become part of the applicant and the sponsor’s official immigration record, so it is very important that all answers are correct and accurate. If the Department determines that the answers on a visa application are misleading or false, it may refuse or cancel the visa. Providing false or misleading information on a visa application form may also result in the applicant encountering difficulties if they try to sponsor family members to Australian in the future.
For more visit : http://immigrationsol.com
Article Source : http://www.hwimmigrationlawyers.com/immigration-to-australia/