FAQs | My Migration Lawyer

General Migration Questions

What does a migration lawyer do?

Migration lawyers are qualified legal professionals who advise on Australian immigration law and represent clients in visa matters and related proceedings. At My Migration Lawyer, your matter is handled by a migration lawyer with a focus on clear advice, strategy, and thorough preparation.

Do I need a migration lawyer to apply for a visa?

While it's possible to apply for a visa yourself, using a migration lawyer significantly increases your chances of success. We help you avoid common mistakes, maximize your points, prepare strong applications, and navigate complex requirements. For complex cases or refusals, professional representation is highly recommended.

What documents do I need for a visa application?

Required documents vary by visa type, but commonly include: passport, birth certificate, educational qualifications, work experience evidence, English language test results, health examinations, police clearances, relationship evidence (for partner visas), and financial documents. We provide a comprehensive checklist specific to your visa type during consultation.

Processing Times

How long does a visa application take?

Processing times vary significantly by visa type:

Skilled Migration (189, 190, 491): 6-12 months after invitation
Partner Visas (820/801, 309/100): 12-24 months
Student Visas (500): 1-4 months
Graduate Visas (485): 3-6 months
Employer Sponsored (482, 186): 1-12 months depending on type

These are approximate times and can vary based on Department workload, application completeness, and case complexity.

Can I speed up the processing time?

While you cannot directly speed up Department processing, you can minimize delays by: submitting a complete application with all required documents, responding promptly to any requests for further information, ensuring all documents are properly certified and translated, and avoiding common mistakes that cause processing delays. We help ensure your application is complete and well-prepared from the start.

Costs

How much does a visa application cost?

Costs include both government visa application charges and professional fees:

Government charges: Vary by visa type (e.g., Partner visa ~$8,850, Skilled visa ~$4,640)
Professional fees: From $1,500-$3,500 depending on visa type and complexity
Additional costs: Skills assessments, medical exams, police clearances, translations

We provide detailed cost breakdowns during consultation. Contact us for more information.

Do you offer payment plans?

Yes, we offer flexible payment plans for eligible services. Typically, we require an initial deposit (usually 50%) with the balance payable in installments. Payment plans are available for services over $2,000 and are subject to approval. Terms are discussed during consultation and a written agreement is provided. There are no interest charges on payment plans.

Refusals

What if my visa is refused?

If your visa is refused, you may have options to appeal to the Administrative Appeals Tribunal (AAT). The deadline to lodge an appeal is usually 21 days from the date of refusal (varies by visa type). It's critical to act quickly. We specialize in visa refusals and appeals, with a strong track record of successful outcomes. Contact us immediately if your visa has been refused for urgent case review.

How long do I have to appeal a visa refusal?

Most visa refusals have a 21-day deadline to lodge an appeal with the AAT. Some visa types may have different timeframes (e.g., 28 days). The deadline is strict - missing it means you lose your right to appeal. The timeframe starts from the date you receive the refusal decision. It's crucial to contact a migration lawyer immediately if your visa is refused to ensure you don't miss the deadline.

Work Rights

Can I work while my visa is being processed?

Work rights depend on your current visa type and the visa you're applying for:

If you're on a valid visa with work rights: You can continue working
If you're on a bridging visa: Work rights depend on your previous visa
If you're applying from offshore: You cannot work until your visa is granted

We'll explain your specific work rights during consultation based on your situation.

What are the work rights on different visa types?

Work rights vary significantly:

Student Visa (500): 48 hours per fortnight during study, unlimited during breaks
Graduate Visa (485): Full work rights, no restrictions
Skilled Visas (189, 190, 491): Full work rights
Partner Visas (820, 309): Full work rights
Employer Sponsored (482, 186): Full work rights (482 may be restricted to sponsor)

Frequently Asked Questions