Migration Law

What types of visas are available to work in Australia?

There are many visa pathways available to work in Australia, depending on your skills, occupation, employer, and circumstances. These include employer-sponsored visas, skilled independent visas, regional visas, and working holiday visas. For workers coming to the Northern Territory, the NT Designated Area Migration Agreement (DAMA) also provides additional options not available elsewhere in Australia. Maleys can advise on the most appropriate visa pathway for your specific situation.

What is the NT DAMA and who can use it?

The NT Designated Area Migration Agreement (DAMA) is an arrangement between the Australian Government and the Northern Territory Government that allows NT employers to sponsor overseas workers for occupations not available under standard visa streams. The DAMA lists 325 eligible occupations across a wide range of industries, significantly expanded from previous versions and includes salary concessions and more flexible English language requirements than standard employer-sponsored visas. The DAMA is available to NT employers who have been endorsed under the agreement and can demonstrate they have been unable to fill positions locally. Maleys advises both NT employers and overseas workers on how to use the DAMA to address workforce needs in the Territory.

What happens if my visa is cancelled in Australia?

If your visa is cancelled, you generally become an unlawful non-citizen immediately - unless you hold another valid visa, are granted a Bridging Visa E (BVE) to remain lawfully while you seek review, or have lodged an in-time review application that triggers bridging arrangements. As an unlawful non-citizen you are at risk of detention and removal from Australia. In most cases you have the right to appeal the cancellation to the Administrative Appeals Tribunal (AAT) or challenge it in the Federal Circuit Court, and lodging that appeal may allow you to remain lawfully on a bridging visa while it is on foot. If your visa has been cancelled, contact Maleys immediately - the time limits are strict and the consequences of delay can be permanent.

Can I appeal a visa refusal in Australia?

In most cases, yes. If your visa application has been refused by the Department of Home Affairs, you have the right to seek a merits review of that decision at the Administrative Appeals Tribunal (AAT), provided your application was made onshore. If the AAT also affirms the refusal, there may be further options including judicial review or ministerial intervention. The time limits for lodging an appeal are strict. Maleys advises on appeal rights and represents clients through the AAT process across Darwin and the NT.

What is a bridging visa?

A bridging visa allows you to remain lawfully in Australia while you wait for a decision on a new visa application or while an appeal is on foot. There are several types of bridging visas, each with different conditions and work rights. If your current visa has expired or been cancelled and you have a pending application or appeal, a bridging visa may allow you to stay and in some cases continue working. Maleys can advise on bridging visa options for clients across Darwin and the NT.

How long does it take to get permanent residency in Australia?

The time it takes to obtain permanent residency in Australia varies significantly depending on the visa pathway. Some employer-sponsored visas lead directly to permanent residency, while others require a period on a temporary visa first. Processing times are also affected by the volume of applications, the completeness of your application, and any character or health checks required. Maleys advises clients across Darwin and the NT on the most efficient pathway to permanent residency for their specific circumstances.

Can I bring my family to Australia on my visa?

In many cases, yes. Most Australian work visas allow you to include your partner and dependent children as secondary applicants, giving them the right to live and work (or study) in Australia. The specific conditions depend on the type of visa. If you are already in Australia and want to bring family members to join you, there are also family stream visa options available. Maleys advises on family inclusion and family visa applications for clients in Darwin and across the NT.

What does character mean for Australian visa purposes?

Character requirements are a condition of almost all Australian visas. The Department of Home Affairs can refuse or cancel a visa if a person does not meet the character requirement - which is broadly assessed based on criminal history, association with criminal groups, and other conduct. A single criminal conviction can trigger a character concern, particularly if it resulted in a prison sentence. Maleys advises clients across Darwin and the NT on character issues affecting visa applications and cancellations, and prepares character waiver submissions where available.

How do I apply for Australian citizenship?

To apply for Australian citizenship by conferral, you generally need to have been lawfully resident in Australia for 4 years immediately before applying, with at least 12 months of that period as a permanent resident immediately before lodging your application. You must not have been absent from Australia for more than 12 months total during the 4-year period, or more than 90 days in the final 12 months. You also need to pass a citizenship test and demonstrate good character. The timing requirements are strict - applying even one day early can result in refusal. Maleys can advise on your eligibility and help ensure your application is lodged at the right time with the right supporting material.