Q. What are conditions for Australian Visas? How many conditions are there for visas? Is it compulsory to meet with conditions? If conditions are not met, what can happen with visa holders?
A. When Visa is granted the visa holder will have certain conditions as per subclass of visa. For example, an overseas student will have condition 8202; it means student MUST meet with course and attendance requirements. A visitor visa holder will have 8503 condition means cannot apply for further visa in Australia and so on, different conditions for different subclass. There are many kinds of conditions attached to visas, for example, compulsory medical insurance, must not work more than certain hours of work, must not work, can study 3 months only and so on. Also conditions of schedule 4 and 5 will be applicable case to case. Main conditions are covered by schedule 8. Schedule 4 covers health conditions and schedule 5 special return criteria. It means that if you have health condition and if your costs of medical treatment go up beyond certain limit you cannot be granted visa. If you had travelled to Australia and if you have breached any of the conditions, the special return criteria will apply before visa is granted to you. Yes, it is compulsory to meet with conditions imposed on visas. If conditions are not met, further visa applied can be refused or visa can be cancelled. You must read each and every condition very carefully and you must adhere to each conditions and you must not breach any conditions of visa granted.
Q. If condition is breached and if visa is refused or cancelled, will I have an appeal rights?
A. Yes, if you are onshore (and in some cases offshore), you will have an appeal rights and you must lodge appeal within time limit permitted. If you missed out time limit, your appeal will not be accepted by appeal authority. In case of visa cancellation you will have very limited time limit so you have to act very quickly to lodge appeal within time limit given and then you can pursue matter further with appeal authority.
Q. How Best BMS Global can assist visa holder for visa conditions – breach of conditions, visa refused or visa cancelled?
A. BMS Global can certainly assist you to understand visa conditions attached to your visa. When our clients are granted visas, we specifically bring to their notice the visa conditions and explain them in detail and always warn them that if they breach any condition their further visa can be refused or visa can be cancelled. BMS Global has dealt successfully with AAT Appeals and can provide you the following services:
- When you receive letter from Dept of Home Affairs Australia, you must contact us immediately, send us all pages of letter by email, let us go through the letter and if possible we will call you or you can have initial consulting at very small fee.
- We can assist you to lodge an appeal to appeal authority for which you become our client, sign the necessary documents and pay us our fees as agreed and we can proceed further to lodge your appeal.
- After lodgement of appeal if you need further assistance, yes, we can provide you at agreed price and we will explore your case, research your case and prepare grounds for appeal keeping in view Immigration Laws & Regulations and assist you to prepare letter to be submitted to appeal authority.
- We will assist you to provide necessary documents to be submitted to appeal authority and follow up till final outcome.
- We have tremendous experience of 20 years dealing with such cases so please do contact us anytime suitable to you.