Migration Law

Migration Law

KPA Lawyers’¬†migration practice is extensive, covering family, economic, independent, and employer approved migration, from the application stage to appeals to the Federal Court of Australia.

Our firm has represented clients from all around the globe including Cambodia, China, Great Britain, Greece, India, Malaysia, Singapore, South Africa, Sri Lanka, Sweden and Vietnam.

  • Raymond John Purcell, Partner, (MARN 9254826), is a Registered Migration Agent
  • Erin Lee Varker, Senior Solicitor, (MARN 958127), is a Registered Migration Agent

The Code of Conduct for Registered Migration Agents can be viewed by clicking here.

For employers, employees and investors, we can assist you with not only migration law matters, but also assist you with business and employment law issues as well.


Q: Why do I need a migration lawyer?

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Although you are able to apply for Australian visas without a migration agent or a migration lawyer, there are a number of benefits in engaging a professional. Australia has over 140 subclasses of visas, all requiring different documents and supporting evidence as part of their processes, and the regulations and legislation surrounding visas are constantly changing.

Migration agents and lawyers know what supporting material is going to be crucial and what is not so important, cutting out much of the confusion and stress in making the application. For example, in applying for a partner visa, providing photos of you and your partner together in group settings such as family gatherings, is considered stronger supporting material than just photos of you and your partner.

Furthermore, should your application be refused and you need to file an appeal, a migration lawyer will be able to assist you in filing your application and appearing on your behalf at the Administrative Appeals Tribunal or at the Federal Court of Australia.

 

Q: How long will it take for my application to be processed?

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Australian visa applications are processed by the Department of Immigration and Border Protection. Depending on what type of application you have made, visa applications can generally take anywhere from a few days to many months. How quickly the Department processes your application can also depend on the quality, accuracy and completeness of the visa application package, as an application that is not well prepared may be subject to further requests from the Department.

In discussing your visa options, our lawyers will advise you as to the estimated processing times and requirements for your application, giving you a better indication of how long the general process will take.

 

Q: Is there an age limit?

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The general age limit for most Australian visas is 45 years old although there are some visas that allow for applicants up to the age of 55 to apply.

 

Q: What happens if my visa application is refused?

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If your visa application is refused, you might be able to have the decision reviewed by a merits review tribunal, the Administrative Appeals Tribunal (AAT). This appeals process is also applicable if your visa has been cancelled.

However, keep in mind that not all decisions are reviewable by the Tribunal. For example, if the Minister for Immigration personally decides to refuse or cancel your visa under section 501 of the Migration Act 1958, you cannot apply to have a decision reviewed by the AAT.