Frequently Asked Questions
Please contact SanLing directly for advice tailored to your circumstances.
What's the difference between a migration agent and a migration lawyer?
Both can assist with visa applications. However, a migration lawyer is also a qualified Australian legal practitioner.
This means a migration lawyer can provide legal advice on complex migration matters, represent you in tribunal or court proceedings where appropriate and advise on the broader legal implications of your circumstances—not simply the visa application process.
Migration lawyers are regulated by their relevant State or Territory legal profession regulator.
Which visa is right for me?
This depends on your circumstances — your skills, qualifications, family situation, work experience and long-term goals in Australia. Common pathways include skilled visas, family/partner visas, employer-sponsored visas, student visas.
A consultation is the best way to identify the most appropriate visa pathway and reduce the risk of costly mistakes, such as applying for the wrong visa or relying on an incorrect interpretation of the law.
How long does a visa application take to process?
Processing times vary significantly depending on the visa subclass, the completeness of your application and current Department of Home Affairs workloads. Some visas are processed in weeks, others can take well over a year. SanLing recommends checking current processing times for your specific visa and discussing realistic timeframes with her directly.
Can I work in Australia while my visa application is being processed?
This depends on your current visa status and the type of application you’ve lodged. Some applicants are granted a Bridging Visa with work rights while they wait for a decision; others are not. It’s important to confirm your specific work rights before you start (or continue) working, as working without the correct permission can affect future visa applications.
What happens if my visa application is refused?
You may have options depending on the visa type and the reason for refusal, including applying for review at the Administrative Review Tribunal (ART), seeking Ministerial Intervention, or in some cases applying for judicial review through the courts. Strict time limits apply, so it’s important to seek advice as soon as possible after receiving a refusal.
I've had a visa cancelled. What can I do?
Visa cancellations (including under section 116 or the character test provisions) can often be reviewed or appealed, but there are tight deadlines involved — sometimes as short as a few days. Contact SanLing immediately if your visa has been cancelled so we can assess your options before time runs out.
Can I sponsor my partner or family member to come to Australia?
Yes, Australia offers a range of family visa options, including Partner visas (for spouses and de facto partners), Parent visas, Child visas, and other family-stream visas. Each has different eligibility criteria, evidentiary requirements and processing times. Partner visa applications, in particular require substantial evidence of a genuine and continuing relationship.
What's the difference between a temporary and permanent visa?
A temporary visa allows you to stay in Australia for a limited period and usually comes with conditions (such as work or study limitations). A permanent visa allows you to live in Australia indefinitely, generally provides access to Medicare and can be a pathway to Australian citizenship. Many people transition from a temporary visa to a permanent one over time.
Can my employer sponsor me for a visa?
Yes, several employer-sponsored visa pathways exist for skilled workers, provided your employer is an approved sponsor (or becomes one) and your occupation is on the relevant skilled occupation list. Requirements typically include a genuine position, relevant qualifications or experience, meeting salary and skills assessment thresholds.
Do I need a skills assessment for a skilled visa?
Many skilled visa pathways require a positive skills assessment for your nominated occupation. This assessment is completed by the relevant authorised assessing authority and confirms that your qualifications, skills and, where required, employment experience meet the standard for that occupation.
The appropriate assessing authority depends on the occupation you nominate. Requirements, acceptable qualifications, work-experience criteria and assessment timeframes can vary significantly between authorities, so it is important to confirm the correct authority and assessment criteria before applying. Points-tested skilled visas, including the Subclass 189 visa, require a suitable skills assessment for the nominated occupation.
How do I become an Australian citizen?
Eligibility for citizenship by conferral generally requires holding a permanent visa, meeting residency requirements, passing the citizenship test and satisfying character requirements. Pathways differ for children, people born in Australia to non-citizen parents and those applying by descent.
What is the character test and how could it affect my visa?
The character test assesses factors such as criminal history, associations and past conduct. Failing to satisfy the character test can result in a visa being refused or cancelled, even for long-term residents. If you have any criminal history or past visa issues, it’s important to disclose this and seek advice before applying.
What happens to my employer-sponsored visa if I lose my job?
This depends on your visa subclass and conditions. Some employer-sponsored visa holders have a set period to find a new sponsor or visa pathway before their visa is affected. It’s important to get advice quickly, as options and timeframes vary.
Can I appeal a decision made by the Department of Home Affairs?
Many decisions can be reviewed by the Administrative Review Tribunal (ART), but not all and strict application deadlines apply, often counted in days rather than weeks. If you’ve received an adverse decision, contact SanLing as soon as possible to check whether review rights are available to you.
How much does it cost to apply for a visa?
Visa application charges are set by the Department of Home Affairs and vary by visa subclass and number of applicants, in addition to any professional fees for legal assistance. SanLing is happy to provide a clear breakdown of both government charges and her fees during your consultation.
Can you help if my visa application was lodged by someone else and has gone wrong?
Yes, SanLing regularly assist clients who need to review, correct, or take over an existing application, including cases involving errors by unregistered advisers or other agents. Bring along any correspondence you’ve received from the Department so she can assess your situation properly.
Do you offer consultations for people who are still overseas?
Yes, SanLing assist both onshore and offshore clients and can conduct consultations remotely by phone or video call.
How do I get started?
Book an initial consultation with SanLing. We’ll discuss your circumstances, explain your visa options, and outline the steps, likely timeframe, and costs involved before you commit to anything.