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1. NZ Citizen Family Relationship Visa (Subclass 461)


Tom (not real name) overstayed his Visitor Visa and was illegally living in Australia for more than 1 year.

Later, he married a NZ citizen and had 3 children together.

They lodged an application for a 461 visa which was refused by the Department of Immigration.

They also appealed to the Migration Tribunal which was unsuccessful.



Tom did not want to to leave because his family needs him.

But the main issue is that if he leaves the country, he will face a 3-year ban from applying for Temporary Visas because he has been unlawfully onshore for more than 12 months.


How We Resolved The Complication

We lodged a legal submission for Ministerial Intervention based on "Compelling and Compassionate Circumstances".

During this period, Tom was able to stay in Australia with his family while waiting for the outcome of the submission.



The Minister intervened and granted Tom the 461 visa.

To most migration agents, this was a lost cause but we believed in fighting for Tom so that his family can be together.



2. Resident Return Visa (5 years) (Subclass 155)


Adam (not real name) obtained his Permanent Residency from a young age where the application was exclusively handled by his father.

He was unable to fill out the application form because he did not know any details of his Permanent Residency.

Adam approached a few migration agents before coming to us and was told that they will not take up his matter due to the lack of documents.

They even quoted exorbitant fees due to the troublesome nature of his scenario.

Unfortunately, Adam was still a student and barely earned enough for his living expenses.



Adam urgently needed to travel out of Australia to visit a terminally-ill family member who was dying.

There had been a few changes of Adam's passport and he was also unable to provide details of the most recent passport.

We were unable to do a Visa Entitlement Verification Online (VEVO) search on him because we had absolutely no information about him.

To further complicate things, Adam has a bad relationship with his father who refused to provide any documents or assistance.


How We Resolved The Complication

We lodged a legal submission to the Department of Immigration to explain the situation and why the documents were unavailable.

We also had many phone exchanges with the Department and the case officer to clarify their doubts.

Finally, we had to resort to paper-based application as the online application does not allow one to proceed if mandatory fields are not completed.



Despite the lack of supporting documents and information, the 155 visa was granted in 3 days which is half of the standard turnaround time.

We charged Adam only half of our usual professional fees because we believe that he should not be denied of his last chance to visit his very-ill family member.



3. Visa Refusal Followed by a Temporary Work (Skilled) Visa (Subclass 457)


Sarah (not real name) had a Medical Treatment Visa (Subclass 602) refusal and was given a Bridging C visa.

At that time, she had already found an employer that was willing to sponsor her for a 457 visa.

However, the 457 visa does not allow holders of a Bridging C visa to apply.



To worsen the matter, Sarah already had more than 3 visa refusals prior to the Medical Treatment Visa refusal.

Furthermore, if she left Australia while on the Bridging C visa, she would get a 3-year ban (PIC 4014) on temporary visas.


How We Resolved The Complication

First, we lodged an AAT review regarding the Medical Treatment Visa so that we can further assess her situation and decide on the best course of action.

Next, we advised Sarah to leave the country so that she will not be an overstayer and not further damage any future prospects of getting a visa approval.

After Sarah left Australia and received the ban, we submitted the 457 visa application while she was offshore.

We also lodged a legal submission for "Compelling and Compassionate Circumstances" (against the ban) and explained why she was crucially needed in the employer's business.



The ban was lifted and the 457 visa was granted.

Honestly, even our team was thrilled because this was a near-impossible situation which we handled perfectly.

Before us, Sarah approached a number migration agents but was declined because they did not have the experience to handle such matter.



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