Over the past six months, Migration Guru has received questions from clients, followers, and readers across various topics, from skilled visas and employer sponsorship to student visas, family migration, and compliance concerns. In this Q&A roundup, we address the questions that have come up most frequently. If you do not find an answer to your specific question here, contact us directly for tailored advice.
Q1: The SID 482 replaced the TSS. Am I still on the old visa or the new one?
If you held a TSS (subclass 482) visa when the Skills in Demand (SID) visa came into effect on 7 December 2024, your existing visa continues on its current terms until it expires or is cancelled. The SID framework applies to new applications lodged after 7 December 2024. Employers seeking to sponsor new workers must now use the SID structure. If you are planning to renew your sponsorship or transfer to a new employer, the SID rules will apply to the new application. Check the DHA website and speak to your migration agent for guidance specific to your circumstances.
Q2: How competitive is SkillSelect right now for the 189 and 190 visas?
SkillSelect invitation rounds are conducted regularly by the Department of Home Affairs for the subclass 189 (Skilled Independent) and 190 (Skilled Nominated) visas. The points score required to receive an invitation varies with each round and depends on how many people in the pool have the same occupation, the number of places available, and the overall demand. Generally speaking, higher points scores give you a better chance across most occupations. Check the DHA website for the most recent invitation round data.
Q3: My skills assessment is about to expire. What should I do?
Skills assessments have validity periods, which vary by the assessing authority. If your skills assessment expires before you receive an invitation or before your visa application is finalised, this can affect your application. A published delegate policy may allow, in certain circumstances, a skills assessment received within 60 days of an invitation to apply to be accepted. This is not guaranteed; confirm current requirements with your assessing authority and the DHA. Check the current validity requirements with your assessing authority and the DHA, and begin the renewal process well before your assessment expires.
Q4: My partner visa has been pending for a long time. Is that normal?
Partner visa processing times can be lengthy. Processing times vary significantly depending on the application type (onshore or offshore), the stream (820/801 or 309/100), and individual circumstances. The DHA publishes estimated processing times on its website, these are estimates only and individual applications may take longer or shorter. If your application has been pending for an unusually long time beyond the DHA’s published estimates, a registered migration agent or lawyer can advise on whether any follow-up action is appropriate.
Q5: Can I work while my visa application is being processed?
This depends on the bridging visa you have been issued and its work rights conditions. Many bridging visas (particularly Bridging Visa A) include work rights that mirror the work rights of the substantive visa being applied for, but this is not universal. Check the specific conditions of your bridging visa in your ImmiAccount. If you are unsure about your work rights, seek advice before starting work.
Q6: I received a character concern from the DHA. What should I do?
If you have received a notice from the DHA raising a character concern about your visa application, respond promptly and carefully. These notices typically give you an opportunity to make submissions before a decision is made. Seek advice from a registered migration agent or immigration lawyer immediately. This is not a situation to navigate without professional support. The response you provide will be a critical part of the decision-making process.
Q7: My student visa was refused. Can I appeal?
A refused student visa application may be reviewable at the Administrative Review Tribunal (ART), depending on the circumstances and whether you applied onshore or offshore. Offshore refusals are not always reviewable. Check the DHA’s refusal letter for information about review rights and the applicable deadline. Act quickly, review deadlines are strict. Seek advice from a migration professional immediately.
Q8: I want to sponsor my parents. Which visa should I choose?
Parent visas come in two main types: contributory and non-contributory. Contributory parent visas (subclass 143 for permanent, 173 for temporary) have significantly higher application fees but shorter (though still lengthy) processing times. Non-contributory parent visas (subclass 103) have lower fees but very long queues. The best choice depends on your family’s circumstances, age, and financial situation. A migration agent can help you assess the options.
Conclusion
These are just some of the questions we receive regularly. Every migration situation is different, and general answers can only go so far. For advice specific to your circumstances, contact Migration Guru directly. Our registered agents work across all visa categories and are committed to providing accurate, practical, and honest guidance. Ready to take the next step? Contact Migration Guru today. Call +61 7 3036 3800, email info@migrationguru.com.au or visit migrationguru.com.au. ### LINKEDIN POST
Our most-asked migration questions this year, quick answers.
Q: The SID visa replaced TSS. Does my existing visa change?
A: No. Existing TSS visas continue on their current terms. SID rules apply to new applications lodged after 7 December 2024.
Q: My skills assessment is expiring, what do I do?
A: Begin the renewal process well before expiry. There is a delegate practice allowing an assessment within 60 days post-invitation to be accepted, but do not rely on it as your primary plan.
Q: I received a character notice from DHA, what now?
A: Respond promptly and get professional advice immediately. Your response is part of the decision-making process.
Q: Can I work on a bridging visa?
A: Depends on the specific bridging visa and its conditions. Check your ImmiAccount. Do not assume; verify.
Q: My student visa was refused, can I appeal?
A: Possibly, depending on whether you applied onshore or offshore and your specific circumstances. Act within the deadline noted in the refusal letter. Get advice immediately.
Every situation is different. Migration Guru’s registered agents are available to provide case-specific advice across all visa categories
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Email: info@migrationguru.com.au
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