Migration Law – Advice, visa applications and appeals
Scammell & Co. can assist you with your visa application process, give advice on immigration matters and appeal negative migration decisions. Our team of lawyers, some of whom are Registered Migration Agents, (RMAs) will act in your best interests and in accordance with the Migration Agents Registration Authority (MARA).
If you prefer an advice-only service and wish to file your own application, we can conduct a full assessment and provide tailored advice on the various options available to you. We always recommend that you obtain professional advice when applying for a visa or making an appeal.
If you have received a negative decision from the Administrative Reviews Tribunal, you may be ale to appeal that decision. In that case, Scammell & Co. have experienced litigation lawyers and migration lawyers who are able to assist you with your case and appear in court on your behalf.
It is therefore recommended that you obtain professional advice when applying for a visa or making an appeal. Scammell & Co. can provide the assistance you need.
We can also advise you in related legal matters such as police, criminal, family violence and family law matters which can affect a successful visa application.
Scammell & Co. can assist with:
- Partner visas;
- Business visas;
- Family visas;
- Skilled visas;
- Student visas; and
- Work visas.
Application to revoke cancellation of visa/citizenship on character grounds
In the event the Federal Government assess you to be of bad character, especially in the event you are convicted of a criminal offence, they may choose to cancel your visa. In fact, in the event you receive a term of imprisonment of at least 6 years or more, they may cancel your Australian citizenship if you have any.
In the event either of the above happens to you, you will be taken into a detention centre and unless you take legal action as soon as possible you will be deported back to the country where you were born. We recommend that you act quickly by instructing Scammell & Co. to bring an application to revoke the cancellation of your visa/citizenship and instruct us to take steps to apply to have you released from detention pending the outcome of this application.
Scammell & Co. have a registered migration agent who is also a fully qualified lawyer:
Ursula Matson (MARN 1686691)
Scammell & Co. have 6 offices located throughout South Australia including Adelaide CBD, Port Adelaide, Walkerville, Gawler, Renmark and Tanunda. Call or email us today to speak with a lawyer about your matter, or to book an appointment at an office convenient to you.
FAQs Click on the questions below to reveal the answer.
I have extended family overseas and they want to come to Australia for a visit. They have not been to Australia before, what visa options are available to them?
To be eligible for this visa, they must meet the Commonwealth health and character requirements, produce evidence showing that they are travelling to Australia as genuine visitors and have enough funds to support themselves. If you are an Australian citizen or permanent resident and have settled in Australia for a reasonable period, you may be eligible to sponsor a relative under the Family Sponsored stream. It is important to note you cannot sponsor fiancés, in-laws or cousins.
Another Visitor Visa is the eVisitor (subclass 651). There is no application charge for this visa, however only passport holders from certain countries are eligible to apply.
Each visa option has different conditions attached. It is best to seek adequate migration advice to determine which option will be the most appropriate for your circumstances.
I am married to an American citizen who wants to live in Australia permanently. What are our options?
If you are legally married you will satisfy the first hurdle of the application, but you can also apply if you are in a de facto relationship. You will be required to sponsor your partner and any other dependent family members who are to be included in the application. Your partner will need to satisfy the character and health requirement which will require a full health examination and police clearance, both inside and in the United States.
At the second stage of the application you will need to provide evidence that you are still in a relationship with your partner. There are four categories which will need to be satisfied, including the financial aspects of the relationship, the nature of the household, the social context of the relationship and the nature of your commitment to each other.
The second stage of making an application can be the most complicated, as in some cases, if all of the required evidence has not been obtained or provided at the time of application it may result in your visa being refused. It is important to obtain proper advice prior to making an application.
I recently travelled to Australia on a Visitor Visa. There is a ‘No Further Stay’ condition on my visa, what does this mean?
If you are currently on a Visitor Visa then it is likely that a ‘No Further Stay’ condition 8503 has been imposed.
This means that you are prevented from applying (in Australia) for any further substantive visa, other than a Protection Visa. Before your Visitor Visa expires you will need to leave Australia. If you do not do so you can be detained as you will be recognised as an unlawful non-citizen.
It is possible to get a condition 8503 waived in certain circumstances, except if you are on a Work and Holiday Visa (subclass 462). If you are wanting to make an application to waive condition 8503 you will need to provide detailed submissions to the Minister with supporting evidence showing:
1. A change in circumstances since the Visitor Visa was granted.
2. That the change in circumstances is / was beyond your control.
3. There are compelling and compassionate reasons, resulting in a major change to your personal circumstances, to justify the waiver of the condition.
A waiver of condition 8503 is never guaranteed and is assessed carefully upon the circumstances of each case.
It is always important to seek advice rather than risk your chances of obtaining a temporary or permanent visa to stay in Australia.
Free legal advice.
235 St Vincent Street,
South Australia 5015
(08) 8447 4466
107 Walkerville Tce,
South Australia 5081
(08) 8342 0300