Australian Migration Law Blog

Analysis and updates on Australian immigration law from Visa Plan Lawyers.

Judicial Review of a Visa Decision: When Courts Step In

Judicial review of a visa decision is not a second appeal. Learn what jurisdictional error means, the strict deadline, and what a court can actually do.

Subclass 191: PR for 491 and 494 Holders in 2026

How subclass 191 permanent residence works for 491 and 494 regional visa holders in 2026: the three-year rule, the income test, and why applications fail.

Section 116 Visa Cancellation for Breaching Your Conditions

How section 116 visa cancellation works when you breach a visa condition, why it is discretionary, and how to respond to a cancellation notice.

Section 116 Visa Cancellation for Breaching 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.

Bridging Visa B: Travelling Overseas While You Wait in 2026

A Bridging Visa B lets you leave and return to Australia while a substantive visa is processing. Here is how the Bridging Visa B works, and its traps.

Visa Refusal Appeal Deadlines: The ART Cannot Extend Them

If your visa is refused, the deadline to apply to the ART is short and cannot be extended. Here is how the visa refusal appeal deadline works in 2026.

Visa Cancellation on Character Grounds: Section 501 in 2026

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.

Schedule 3 Waiver: Partner Visa 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.

The Genuine Student Requirement: Why Subclass 500 Visas Are Refused

The Genuine Student requirement replaced the GTE for subclass 500 visas. Learn what it tests, why student visas are refused, and your review rights.

PIC 4020: How One False Document Triggers a 3-Year Ban

PIC 4020 lets the Department refuse a visa for false or misleading information and impose a 3-year ban. Here is how it works and when a waiver applies.

Section 48 Bar: Applying Onshore After a Visa Refusal

The section 48 bar blocks most onshore visa applications after a refusal. Learn which visas you can still apply for in Australia in 2026 and your options.

482 SID Labour Market Testing: Getting the Advertising Right

Labour market testing is a make-or-break step in a 482 SID nomination. Learn what to advertise, how long, and the mistakes that trigger refusal.

Subclass 494 vs 186 ENS: Which Employer Sponsored PR Path

Subclass 494 vs 186 ENS compared for 2026: provisional regional PR versus permanent residence, eligibility, charges, and how to choose.

482 SID Genuine Position Requirement: Why Nominations Fail

The 482 SID genuine position requirement causes many nomination refusals. Learn what the Department checks and how to prove your role is genuine.

Standard Business Sponsorship: Obligations for 482 SID Visas

Standard business sponsorship obligations under the 482 SID visa explained: what employers must do, record-keeping duties, and how long they last.

No Further Stay Waiver: Lifting Condition 8503 in 2026

How to request a No Further Stay waiver on condition 8503 in 2026, the compelling and compassionate test, and why the decision is not reviewable.

482 SID Work Experience: The 1-Year Rule Explained

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.

Subclass 485 Second PHEW Visa: Two Years for Hobart Graduates

Hobart higher education graduates can now access a two-year Subclass 485 Second PHEW visa, aligning Tasmania with other eligible regional areas.

Appealing a Visa Refusal in 2026: What the ART Costs, and When You Get Half 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.

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.

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.

How to Complete Form 80 Without the Mistakes That Delay a Visa

A practical, current guide to Form 80, the personal particulars and character form: why inaccuracy carries legal risk under PIC 4020 and the ten-year rule.

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.

Working Holiday Visa Age 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.

482 SID Sponsorship Costs in 2026: Who Pays What

Which 482 SID sponsorship costs the employer must legally bear under the Migration Act and cannot pass to the worker in 2026, and what the applicant pays.

Partner Visa Evidence: Proving a Genuine Relationship (820/801)

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.

PR After a 482 SID Visa: The ENS 186 Transition Pathway

How a 482 visa converts to permanent residence via the ENS subclass 186 Temporary Residence Transition stream, and the risks that derail it.

Changing Employers on a 482 SID Visa: Your Rights

What condition 8607 and section 116 mean when a subclass 482 SID holder changes employers, why cancellation is discretionary, and how to stay compliant.

OSCA vs ANZSCO: Which Occupation List Rules Your Visa

OSCA vs ANZSCO for Australian visas: ANZSCO remains the operative occupation classification for migration, and the tasks you perform must match the code.

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.

AAT to ART: What the Tribunal Change Means for Visa Appeals

The AAT is abolished; the ART now handles migration merits review. What the transition changes for your visa appeal, and what it leaves untouched.

Subclass 482 Income Thresholds Rising 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.

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