Australian Migration Law Blog
Analysis and updates on Australian immigration law from Visa Plan Lawyers.
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Who can still apply for a student visa in Australia
Since 2 October 2026 most people must apply for a student visa offshore. The exceptions for doctoral, continuing and progressing students, set out in full.
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News: Student visa applications move offshore from 2 October 2026
From 2 October 2026 most student visa holders must apply offshore for a further student visa, and family can no longer be added after the visa is granted.
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Can plumbers and electricians appeal a visa refusal at the ART?
How plumber and electrician visa refusals happen, who can appeal to the ART, and the strict deadline that cannot be extended.
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Carpenter visa pathways to Australia, from skill assessment to PR
How carpenters reach Australian permanent residence: the Trades Recognition Australia skills assessment, the 482, 494, 190 and 186 visa routes explained.
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How chefs get a visa for Australia through the 482, 494 and DAMA
Chef visas for Australia in 2026: how the 482, 494 and DAMA pathways work, why the chef versus cook code decides your options, and PR routes.
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News: Australia's September 2026 migration changes for student families, Working Holiday and visitor visas
Student visa family limits, a Working Holiday ballot, No Further Stay on visitor visas: what Australia announced on 17 September 2026 and who is affected.
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What evidence the ART looks at when a partner visa is refused
A partner visa refusal appeal at the ART is decided on the evidence at the date of decision. What the Tribunal looks at, and what it gives weight to.
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Responding to a Notice of Intention to Consider Cancellation (NOICC)
A NOICC is a notice of intention to consider cancellation of your visa. How to respond, the deadline you face, and how natural justice protects you.
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Who qualifies for the subclass 836 Carer visa, and how long is the queue?
How the subclass 836 Carer visa works in 2026: the carer definition, the binding medical assessment, and why the cap and queue stretches processing.
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How Ministerial Direction 110 weighs character in a section 501 decision
How Ministerial Direction 110 shapes section 501 character decisions in 2026, what now carries weight, and how to prepare a revocation case.
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Ministerial intervention under section 351 after a failed ART appeal
How section 351 ministerial intervention works after a failed ART appeal under the September 2025 Instructions, and why the bridging visa comes first.
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What to do when an employer nomination is refused on the genuine position test
Employer nomination refused on the genuine position test? How the requirement works for ENS 186 and how to appeal a refusal to the ART.
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A health waiver is available for some visas when the health requirement is not met
The visa health requirement can stop a grant even when a case is strong. How the health waiver works, which visas can use it, and what is weighed.
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What ART merits review gives you, and your right to be heard
How ART merits review gives you a fresh decision on a visa refusal, and why the case must address the issues the Tribunal weighs.
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Who qualifies for the National Innovation Visa (subclass 858)?
The National Innovation Visa (subclass 858) is Australia's invitation-only permanent residence pathway for exceptional talent. How it works in 2026.
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Judicial review of a visa decision is not a second appeal
Judicial review of a visa decision is not a second appeal. What jurisdictional error means, the strict deadline, and what a court can and cannot do.
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What subclass 191 asks of 491 and 494 holders seeking PR in 2026
How subclass 191 permanent residence works for 491 and 494 regional visa holders in 2026: the three-year rule, the tax evidence rule, and why applications fail.
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A breach of your visa conditions does not make section 116 cancellation automatic
How section 116 visa cancellation works when you breach a visa condition, why it is discretionary, and how to respond to a cancellation notice.
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How section 116 visa cancellation works when you breach work limits
How section 116 cancellation works when you breach a work-limitation condition, why the discretion matters, and how to respond to a cancellation notice.
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Can you travel overseas while your visa is processing? Bridging Visa B
A Bridging Visa B lets you leave and return to Australia while a substantive visa is processing. How the visa works, and the traps that catch travellers.
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The ART cannot extend your visa refusal appeal deadline
If your visa is refused, the deadline to apply to the ART is short and cannot be extended. How the deadline is counted, and what happens if it is missed.
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How visa cancellation on character grounds works under section 501
How visa cancellation on character grounds works under section 501 of the Migration Act, the 28-day revocation deadline, and how the discretion is decided.
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A Schedule 3 waiver can save a partner visa lodged after your visa expires
How the Schedule 3 waiver allows an onshore partner visa after your visa expires, what compelling reasons means, and how Waensila changed the timing.
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Why subclass 500 student visas are refused under the Genuine Student requirement
The Genuine Student requirement replaced the GTE for subclass 500 visas. What it tests, why student visas are refused, and your review rights.
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How one false document under PIC 4020 leads to a three-year ban
PIC 4020 lets the Department refuse a visa for false or misleading information and impose a 3-year ban. How it works, and when a waiver applies.
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Can you apply onshore after a visa refusal? The section 48 bar
The section 48 bar blocks most onshore visa applications after a refusal. Which visas you can still apply for in Australia, and the options outside it.
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Getting the advertising right for 482 SID labour market testing
Labour market testing is a make-or-break step in a 482 SID nomination: what to advertise, for how long, and the mistakes that trigger a refusal.
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Subclass 494 or 186 ENS? Choosing an employer sponsored PR path
Subclass 494 vs 186 ENS compared for 2026: provisional regional PR versus permanent residence, eligibility, charges, and how to choose.
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Why 482 SID nominations fail on the genuine position requirement
Why the Department refuses 482 SID nominations on the genuine position requirement, what it checks, and how an employer shows the role is real.
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Standard business sponsorship obligations under the 482 SID visa
Standard business sponsorship obligations under the 482 SID visa explained: what employers must do, record-keeping duties, and how long they last.
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How to ask for a No Further Stay waiver on condition 8503
How to request a No Further Stay waiver on condition 8503 in 2026: the compelling and compassionate test, the skilled visa ground, and why it is not reviewable.
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How much work experience does a 482 SID visa need? The one-year rule
The Skills in Demand (SID) visa cut the 482 work experience requirement to one year: how it is calculated, what counts, and where applicants fall short.
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Hobart graduates may get two years on a subclass 485 Second PHEW visa
How Hobart graduates may access a two-year Subclass 485 Second PHEW visa under Home Affairs procedural instructions, the Category 2 and 3 framework, and the age limit.
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What an ART visa appeal costs in 2026, and when half comes back
From 1 July 2026 the ART migration review fee is $3,727, and half returns if you win, but the deadline is a hard jurisdictional bar. How both work.
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The honest wait for a Contributory Parent visa in 2026, and what to do meanwhile
The Contributory Parent visa is the faster parent route, yet still faces well over a decade in the queue. Why the wait is so long, and how to bridge it.
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Your occupation is on the CSOL today. Can you count on tomorrow?
Whether you qualify for a 482 or 186 Direct Entry visa turns on the Core Skills Occupation List in force on your lodgement date. Why timing is strategy.
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How to complete Form 80 without delaying your visa
Form 80 explained by immigration lawyers: what each question asks, the mistakes that trigger PIC 4020 delays, and how to fix an error after lodgement.
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Over 45 and want employer sponsored PR? The subclass 186 high-income exemption
The subclass 186 visa usually needs you under 45. A high-income exemption can lift that bar; from 1 July 2026 the Fair Work figure is $190,100.
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Working Holiday visa age limit is now 35 for Korea, Germany, Finland and Cyprus
From 1 July 2026, subclass 417 Working Holiday applicants from South Korea, Germany, Finland and Cyprus can be up to 35. How the new age rule works.
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Who pays what in 482 SID sponsorship costs in 2026?
Which 482 SID sponsorship costs the employer must bear under the Migration Regulations and cannot pass to the worker in 2026, and what the applicant pays.
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Proving a genuine relationship for a subclass 820/801 partner visa
How regulation 1.15A(3)'s four aspects frame Subclass 820/801 partner visa evidence, how a decision-maker weighs them, and the gaps that trigger refusal.
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How a 482 SID visa leads to PR through the ENS 186 transition stream
How a 482 visa converts to permanent residence via the ENS subclass 186 Temporary Residence Transition stream, and the risks that derail it.
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Your rights when changing employers on a 482 SID visa
What condition 8607 and section 116 mean when a subclass 482 SID holder changes employers, why cancellation is discretionary, and how to stay compliant.
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Does OSCA or ANZSCO rule your visa occupation?
OSCA vs ANZSCO for Australian visas: ANZSCO remains the operative occupation classification for migration, and the tasks you perform must match the code.
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Why your nomination lodgement date sets the salary threshold
For SID and ENS visas the nomination lodgement date, not the decision date, fixes the salary threshold that applies. Clearing the money is half the test.
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What the move from the AAT to the ART means for your visa appeal
The AAT is abolished; the ART now handles migration merits review. What the transition changes for your visa appeal, and what it leaves untouched.
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Subclass 482 income thresholds rise on 1 July 2026
Subclass 482 income thresholds index on 1 July 2026: the CSIT and SSIT figures, why the lodgement date governs, and what else decides a nomination.