Last updated 30 September 2024

How and where to apply

A visa application must be made on the correct application form or online portal to be valid. Schedule 1 of the Migration Regulations 1994 (Cth) (Migration Regulations) lists the required form for each visa class. A sponsorship application may also be required. Most visas must now be lodged online using the Department of Home Affairs portal.  However, some visas still use paper forms, and these can be downloaded from the Department of Home Affairs (Home Affairs) website.

Whenever a visa application is received by Home Affairs, a file number will be allocated to it. This file number should be quoted whenever a person contacts Home Affairs.

Fees

Most visas require the payment of a visa application charge. This charge will not be refunded if the application is unsuccessful. However, if the application is invalid (see s 46 Migration Act 1958 (Cth) and sch 1 of the Migration Regulations 1994 (Cth) for requirements for a valid visa), Home Affairs cannot consider it and the fee will be refunded in full.

Visa application charges usually increase on 1 July each year. Whilst the Home Affairs website offers a visa pricing estimator, relevant sch 1 criterion sets out current fees for primary and secondary applicants and are authoritative.

Processing times

Approximate processing times are available on the Home Affairs website and on various Australian Embassy and High Commission websites. A person who has applied can contact Home Affairs to enquire about processing. They can also contact their local Commonwealth member of parliament to make enquiries, and the Global Feedback Unit of Home Affairs or Commonwealth Ombudsman if they believe there has been unreasonable delay in the processing of an application.

Identity and integrity requirements

Identity and integrity requirements are increasingly a focus for Home Affairs. An applicant must not provide bogus documents (s 103 Migration Act) or give incorrect information (s 101 Migration Act) on their visa application. If a visa application is refused because an applicant or any of the members of the family unit provided bogus documents or information that is false or misleading in a material way, a three-year ban will apply to most further visa applications. Visas can also be cancelled for these reasons (s 116 Migration Act).

In circumstances where bogus documents have been provided in a visa application, reasons must be provided to Home Affairs as to why the visa should be granted. These reasons must either be:

  • compelling circumstances affecting the interests of Australia
  • compelling or compassionate reasons affecting the interests of an Australian citizen, permanent resident or eligible New Zealand citizen.

If a visa is refused because the applicant’s identity could not be established (under public interest criterion 4020), a ten-year ban on most further visa applications will apply.

A visa will be refused even if false or misleading information or bogus documents were supplied unintentionally or unknowingly. In many cases, a visa refusal on the basis of public interest criterion 4020 is reviewable by the Administrative Appeals Tribunal or from 14 October 2024, the Administrative Review Tribunal.