General Checklist – Australia Migration Visa

1.

Explain:  Cost Agreement and Scope of work

2.

Explain:  Protocol Communications & Standard of evidence v04072018

3.

Appointing a Migration Lawyer – 956 Form – Click here to download

How to complete the form
Form 956 – fill question 13, 14 and 24 (must sign).
Each applicant and all sponsors must have separate 956 forms.

An Australian Legal Practitioner or a Registered Migration Agent uses knowledge of Australia’s migration legislation and procedures to provide advice and assistance.

4.

Provide accurate documents.

• You must provide us authentic documents and/or information that is not false and misleading. [this includes completing forms we provide you]
• We do not cross reference your information against other information or documentation to verify the accuracy, it is your duty to make sure the documents and information you provide are correct, non-contradictory and not misleading and false.

The Department might refuse your visa application for failing to satisfy Public Interest Criterion (PIC) 4020 if you, or any of the members of your family unit:

• do not satisfy us as to your identity.
• provide bogus documents or information that is false and misleading in relation to your current visa application or
• provided bogus documents or information that is false and misleading in relation to a visa that you held in the 12 months before making your current application.

Non-grant period

The Department might not grant you a visa (which has PIC 4020 as a criterion) for a period of ten years if you, or a member of your family unit, have a visa application refused because of a failure to satisfy us as to your identity.

We might not grant you a visa (which has PIC 4020 as a criterion) for a period of three years if you, or a member of your family unit, have a visa application refused due to providing bogus documents or information that is false and misleading.

Scope of work and completing forms

Based on the documents and/or information or forms you provide, we will provide legal advice, guidance, complete and settle final submissions. Our scope of work does not involve taking verbal instructions to complete certain forms that we ask you to complete.

5.

Identity documents & Age

Documents to prove your identity.

One of the following:

• a birth certificate showing the names of both parents:

If birth certificates are not available in your country of birth, other evidence to confirm birth details include, but are not limited to:

• identification pages of a family book showing the names of both parents
• identification pages of an identification document issued by the government.
• identification pages of a court-issued document that proves your identity.
• identification pages of a family census register.
  • school records
  • passport
  • baptism certificate
  • family book showing date of birth.
  • ID document issued by your government.
  • hospital birth records
  • court documents that verify your date of birth
  • copies of military service records or discharge papers.

Also provide:

• a national identity card if you have one
• proof of change of name

Documents that prove a change of name include:

• a marriage or divorce certificate
• change of name documents from an Australian Registry of Births, Deaths and Marriages, or the relevant overseas authority
• documents that show other names you have been known by

Relationship documents

If you are or have been married, widowed, divorced or permanently separated, you must provide proof. This can include divorce documents, death certificates, separation documents or statutory declarations.

6.

Passport

The page of your current passport showing your photo, personal details and passport issue and expiry dates.

7.

Photographs

Two recent passport photographs (45 mm x 35 mm):

• the photograph should be of the head and shoulders only against a plain background
• photo must be pasted in a word and underneath your name, and date of the pic must be noted
• the applicants name must be printed on the back of the photograph

Photographs must be:

• 45mm x 35mm
• less than 6 months old
• good quality colour. We don’t accept laser copies
• a full-face view of your head and shoulders
• taken against a plain light-coloured background

You can wear untinted prescription glasses. If you wear a head covering for religious reasons, you can show only your face.

• a marriage or divorce certificate
• change of name documents from an Australian Registry of Births, Deaths and Marriages, or the relevant overseas authority
• documents that show other names you have been known by

8.

Documents about your relationship with your partner, if applicable

Partner documents

If your spouse/interdependent partner does not intend to migrate with you provide a statement explaining why and if they intend to join you in the future.

Provide:

• identity documents
• character documents (police clearance certificate)
• marriage certificate

Provide one of the following: – de facto relationship

• Proof that you have been in the relationship for at least 12 months before you apply for this visa
• If you have registered your relationship with a relevant Australian authority (for example The Registry of Births, Deaths and Marriages), provide proof of the registration.
• If you have not been in the relationship for 12 months, provide either:
  • proof your partner holds a permanent humanitarian visa, and that your de facto relationship existed before it was granted, and that you told us about the relationship before the visa was granted
  • compelling and compassionate reasons for applying for the visa before being in the relationship for 12 months.

For both married and de facto applicants you must provide evidence that you are in a genuine and continuing relationship. Evidence can include but is not limited to:

• Please refer to the link for the “Evidence for Spouse Visa” information required: 

Spouse Visa Prospective Marriage De Facto Partner Visa Australia

Summary of documents;

• Relationship statements
• joint bank account statements
• billing accounts in joint names
• joint leases or mortgages
• documents that show your partner has lived at the same address as you

Documents about other relationships, if applicable

If you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations.

9.

Secondary applicant eligibility, if applicable

You may include the following secondary applicants in your visa application:

• your spouse
• your interdependent partner
• a dependent child of you, your spouse or your interdependent partner
• a dependent relative of you or your spouse.

Secondary applicants must meet all the following requirements similar to the application except English:

• Eligible visa
• Location
• English language ability – See below
• Health
• Character
• Australian Values Statement

10.

English language

• You must already have your English language test results before you lodge your application.
• Functional English (minimum requirement)
• Evidence = Test Report Form and Number

Functional English

To prove you have functional English, show us evidence that:

• you are a citizen of and hold a valid passport issued by the United Kingdom*, the United States of America, Canada, New Zealand or the Republic of Ireland. *British National (Overseas) passports are not acceptable as evidence of functional English.

or

• ​you completed a degree, a higher degree, a diploma or a trade certificate in an institution in or outside Australia that required at least two years of full-time study and all instructions were in English or
• you undertook your education at:

or

• in the 12 months before you applied for the visa, you scored one of the following:

Vocational English

To prove you have vocational English, show us evidence that:

• you are a citizen of and hold a valid passport from the United Kingdom*, the United States of America, Canada, New Zealand or the Republic of Ireland. *British National (Overseas) passports are not acceptable as evidence of vocational English.

Or

• in the 3 years before you applied for the visa, you scored one of the following:

Competent English

To prove you have competent English, provide evidence:

• that you are a citizen of and hold a valid passport issued by the United Kingdom*, the United States of America, Canada, New Zealand or the Republic of Ireland, with your application. *British National (Overseas) passports are not acceptable as evidence of competent English.

or

• you have an obtained one of the following English language test results:

Specified test results

Proficient English

To prove you have Proficient English, show us evidence that in the 3 years before we invite you to apply for the visa, you scored one of the following:

Superior English

To prove you have Superior English, show us evidence that in the 3 years before we invite you to apply for the visa, you scored one of the following:​

11.

Eligible visa – onshore applicants only

You and all secondary applicants must hold an eligible visa.

In addition, you and any accompanying secondary applicants must not:

• have had a visa application refused or cancelled since last entering Australia unless you hold a substantive visa
• have any conditions on your current visa that prevent you from making a further application to remain in Australia, such as condition 8503,  8534 or 8535. If you have condition 8534 attached to your current visa, you should apply for the Skilled – Independent (Residence) visa using the paper-based Form 1276 which includes an application to have the condition waived.

12.

Australian Values Statement

If you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your visa application form and all applicants aged 18 years and over will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement, you are required to have read, or had explained to you, material made available by the government on life in Australia which is contained in the Life in Australia book.

13.

Health documents

What you need to do;

01. Please go to the link below.

https://dlegal.com.au/migration/

On that page (left side) find complete and submit.

• Each applicant must fill their own separate form. (Including dependents and sponsors – if applicable)
• If the applicant answers ‘Yes’ to any of the question they must give all relevant details. I.e., If the matter relates to a criminal conviction, provide: ∙ the date and nature of the offence ∙ full details of the sentence ∙ dates of any period of imprisonment/detention.

Warning: Giving inaccurate, false or misleading information or documents is a serious offence and he visa can be refused.

Please find attached forms FYI only:

If you need to know more about – Medical Health Examination Test Requirement Australian Immigration Visa- https://dlegal.com.au/articles/migration/australian-visas/medical-health-examination-test-requirement-australian-immigration-visa/

You do not need to provide any documents to show you meet our health requirement at this stage but when asked and when you do the tests your doctor will send them to DIBP.

14.

Character Requirements

The character requirements are set out under section 501 of the Migration Act 1958. This means you must pass the character test and remain of good character.

Each applicant must do two main things;

01. Apply police certificates for all the countries you have lived in for 12 months or more [cumulatively], over the last 10 years, since turning 16 years of age or from birth if we instruct you.

What you need to do;

 Go to the link below for more information and choose your country and apply.

The character test & police check for Australian Migration Visa

02. Provide form 80 for each applicant over 18 years.

What you need to do;

Go to the link below for more information and choose your country and apply.

Australian Migration

Hint: go to the bottom of the page and find ‘DEPARTMENTAL FORMS’

NOTE 1: This is a fillable pdf form.

NOTE 2: Please fill +save+ and email to us a week before lodging the application or ASAP if we advise. Please DO NOT Hand write or a scan.

NOTE 3: The signature page/s should be signed after taking a printout – that should be scanned and email back to us.

NOTE 4 – each applicant (including sponsor – if there is) must have separate form.

NOTE 5 – must fill all details accurately. Any inaccurate information will have a detrimental outcome and more fees.

 Last page/ signage page  – take a printout sign and email it or sign electronically

• If you served in the armed forces of any country, military service records or discharge papers.

15.

Adequate health insurance

We recommend you take out health insurance to cover any unforeseen medical treatment you might need in Australia. You are personally liable for all your healthcare costs while you are in Australia. Insurance can help limit your financial liability.

See what we consider adequate health insurance.

16.

 Pay your debts to the Australian Government

If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.

17.

Best interests of the child, if applicable

We might not grant this visa if it is not in the best interests of an applicant under 18.

18.

Not had a visa cancelled or an application refused

You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia.  Depending on your situation, you might be eligible to apply for some visas. You must still meet all visa eligibility criteria to be granted one of those visas.

If a visa has been refused or cancelled, you will need a separate consultation with us.

19.

Sponsor documents – only if there is a sponsor , if applicable

If you are being sponsored, provide:

• Sponsor declaration completed by your sponsor
• proof that your sponsor is an Australian citizen, permanent resident or an eligible New Zealand citizen
• proof that your sponsor is usually resident in a designated area of Australia
• proof of your relationship to your sponsor

To prove that your sponsor is an Australian citizen, permanent resident or an eligible New Zealand citizen, provide:

• citizenship certificate, or
• passport bio-data page

To prove your sponsor is usually resident in a designated area of Australia, provide documents such as:

• drivers’ licence
• mortgage/tenancy agreements
• utility bills

To prove the sponsor’s relationship with you, provide their:

• birth certificate
• marriage certificates
• death certificates
• adoption certificates
• family status certificates or family books if officially issued and maintained

20.

Non-migrating family members – only if applicable

For each non-migrating member of your family unit, provide:

• character documents, if applicable
• proof of your relationship with them such as a birth or marriage certificate

21.

Dependants under 18 documents , if applicable

For every dependant under 18 years old who is applying with you, provide:

• identity documents
• proof of your relationship with them, like a birth or marriage certificate
• character documents, if applicable

22.

Dependants over 18 documents , if applicable

For every dependant 18 years old or older who is applying with you, provide:

• identity documents
• documents about their other relationships, if applicable
• character documents

23.

Proof of dependency

You need to prove that this person is dependent on you. Provide:

• a completed Form 47a – Details of a child or other dependent family member aged 18 years or over
• proof of your relationship with the dependent such as a birth certificate or adoption papers

You must also prove this person has been financially dependent on you for at least 12 months before you apply. You could provide:

• proof they live with you
• their tax records
• proof they are currently studying

If your dependant has turned 23 on the date we make a decision on their application you must also provide evidence that they are wholly or substantially reliant on you or your partner for financial support because they are incapacitated for work due to the total or partial loss of their bodily or mental functions.

24.

Parental responsibility documents, if applicable

Evidence of custody arrangements for any children included in the application where one parent is not migrating, including consent from the non-migrating parent for the children to migrate.

You must get consent for a dependent child to migrate to Australia from anyone who:

• has a legal right to decide where the dependant lives and
• is not coming to Australia with the dependant

They must complete either:

• Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years
• statutory declaration giving their consent for the child to migrate to Australia on this visa

Please visit the below link and download the forms.

Australian Migration

Include a document with the contact details, signature and photo of the people who complete the form or declaration, such as a:

• passport
• driver’s licence

Alternatively, you must provide evidence that you have the legal right to determine where the dependent child lives, such as a court order.

25.

Prepare your documents

Translate

Have all non-English documents translated into English.

Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters.

Translators outside Australia do not have to be accredited. But on each translation, they must include their:

• full name
• address and telephone number
• qualifications and experience in the language they are translating

These details must be in English.

Note: You do not need to have any documents certified.

Scan or photograph

Scan or photograph all documents (English and non-English) in colour.

The scans and photos must be legible.

If a document is more than 1 page, save it all as 1 file.

26.

 Date of intended submission of relevant evidence