Can Tern Legal assist clients outside Australia?

Yes. Tern Legal assists both Australian and international clients. Many visa applications, appeals and migration matters can be managed remotely through online consultations, email, telephone and video conferencing.

Do I need to be located in Sydney to use your services?

No. While Tern Legal is based in Sydney, we assist clients throughout Australia and overseas.

Why should I use a migration lawyer instead of lodging my own visa application?

Migration law is complex and frequently changing. A migration lawyer can identify potential risks, advise on eligibility requirements, prepare legal submissions and help minimise the likelihood of delays, requests for further information, refusals or cancellations.

How much does a consultation cost?

Please click here to see the fee and consultation booking platform. During your consultation, we assess your circumstances and provide tailored advice regarding your available migration options.

Can you help if my visa has already been refused?

Yes. Depending on your circumstances, you may have review rights through the Administrative Review Tribunal (ART), judicial review options, or the ability to lodge a new visa application.

How quickly should I seek advice after a visa refusal?

Immediately. Strict deadlines often apply to visa refusals and cancellations. Missing a deadline can affect your rights and future migration options.

Student Visa FAQs

Can I study in Australia on a Student Visa (Subclass 500)?

Yes. The Student Visa (Subclass 500) allows eligible international students to undertake full-time study in Australia at a registered education provider.

What are the requirements for an Australian Student Visa?

Requirements generally include enrolment in a registered course, evidence of financial capacity, English language proficiency (where required), health insurance and meeting character requirements.

Can I work while holding a Student Visa?

Many Student Visa holders can work while studying, subject to visa conditions and Australian immigration laws.

What happens if my Student Visa is refused?

Depending on your circumstances, you may have review rights, alternative visa options or the ability to lodge a new application.

Can I bring family members on my Student Visa?

In many cases, eligible family members may be included as dependants in a Student Visa application.

Partner Visa FAQs

What is a Partner Visa?

A Partner Visa allows the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

Can I apply for a Partner Visa if I am not married?

Yes. Many applicants qualify as de facto partners. Eligibility depends on the evidence available and the specific circumstances of the relationship.

How do I prove a genuine relationship for a Partner Visa?

Evidence may include financial arrangements, living arrangements, social recognition of the relationship, communication records, travel history and future plans together.

Can I apply for a Partner Visa while in Australia?

In many situations, yes. The appropriate visa pathway depends on your individual circumstances and current visa status.

Can same-sex couples apply for a Partner Visa?

Yes. Australian migration law recognises eligible same-sex relationships for Partner Visa purposes.

How long does a Partner Visa take to process?

Processing times vary depending on application complexity, government processing volumes and the completeness of the application.

Appeals and Tribunal FAQs

What is the Administrative Review Tribunal (ART)?

The Administrative Review Tribunal reviews certain migration decisions made by the Department of Home Affairs.

Can I appeal a visa refusal?

Some visa refusals carry review rights. Eligibility depends on the type of visa, location of the applicant and circumstances of the refusal.

What happens at an ART hearing?

The Tribunal reviews the decision and considers evidence and submissions before making its determination.

Can a migration lawyer represent me during an appeal?

Yes. A migration lawyer can prepare submissions, advise on legal issues and represent clients throughout the review process.

Australian Citizenship FAQs

When can I apply for Australian citizenship?

Eligibility depends on factors such as permanent residency status, residence requirements, character requirements and other legislative criteria.

Can you help with citizenship applications?

Yes. We can advise on eligibility, prepare applications and assist with complex citizenship matters.

Education Consultancy FAQs

Can you help me choose a course in Australia?

Yes. We provide education consultancy services to assist students with course selection, study pathways and enrolment options.

Can you help me transition from study to permanent residency pathways?

Yes. We can provide advice regarding study pathways and migration options that may be available after graduation.

Which Australian visa is best for me?

The most suitable Australian visa depends on your individual circumstances, including your nationality, age, qualifications, work experience, relationship status, study plans and long-term goals. Australia offers a range of visa options, including Student Visas, Skilled Migration Visas, Partner Visas, Employer Sponsored Visas, Visitor Visas and Business Visas. Seeking professional advice can help identify the pathway that best aligns with your objectives.

Can I stay in Australia after my Student Visa expires?

You must hold a valid visa to remain in Australia lawfully. Depending on your circumstances, you may be eligible to apply for another visa before your Student Visa expires. Potential options may include a Graduate Visa, Skilled Visa, Partner Visa or another visa pathway. It is important to seek advice early to avoid unlawful status.

What happens if I overstay my visa?

Overstaying a visa can have serious consequences, including becoming an unlawful non-citizen, visa complications, detention, removal from Australia and restrictions on future visa applications. If your visa has expired or is close to expiring, you should seek legal advice as soon as possible.

Can I get permanent residency through study in Australia?

Studying in Australia does not automatically lead to permanent residency. However, completing an eligible qualification may improve your chances of qualifying for certain skilled migration or employer-sponsored pathways. Your eligibility will depend on factors such as occupation, qualifications, work experience, age and current migration policies.

Can I appeal a Student Visa refusal?

In some cases, a Student Visa refusal may be reviewable by the Administrative Review Tribunal (ART). Review rights depend on the circumstances of the application and the applicant's location at the time of the decision. Strict time limits apply, so prompt action is essential.

Can I apply for a Partner Visa while on a Visitor Visa?

In some situations, a person holding a Visitor Visa may be able to apply for a Partner Visa while in Australia. However, certain visa conditions, including "No Further Stay" conditions, may affect eligibility. Professional advice is recommended before lodging an application.

What evidence is required for a de facto relationship?

Applicants generally need to demonstrate that their relationship is genuine and continuing. Evidence may include joint financial commitments, shared living arrangements, social recognition of the relationship, communication records, travel history, photographs and future plans together. The strength and quality of evidence can significantly impact the outcome of an application.

What happens after a Partner Visa refusal?

Following a Partner Visa refusal, you may have review rights through the Administrative Review Tribunal or other legal options depending on your circumstances. The available pathways will depend on the reasons for refusal, your location and your immigration status at the time of the decision.

Can I apply for another visa after a refusal?

Possibly. A previous visa refusal does not automatically prevent future visa applications. However, certain refusals may affect your eligibility for other visa subclasses. Obtaining legal advice can help determine the most appropriate strategy based on your circumstances.

How much does an Australian Partner Visa cost?

Government application charges for Partner Visas are subject to change and are among the highest visa application fees in Australia. Additional costs may include health examinations, police clearances, document translations and professional fees. Current government fees can be confirmed at the time of application.

How long does an ART appeal take?

Processing times for Administrative Review Tribunal (ART) matters vary depending on the type of case, complexity of the issues involved and the Tribunal's workload. Some matters may be resolved relatively quickly, while others can take significantly longer. Every case is different and timeframes cannot be guaranteed.

What is the difference between a migration lawyer and a migration agent?

A migration lawyer is a qualified Australian lawyer who can provide immigration advice, legal representation, court-related services and broader legal assistance. A migration agent is a registered professional authorised to provide immigration assistance but is not necessarily a lawyer. For complex visa refusals, cancellations, appeals and legal matters, many clients choose to seek advice from a migration lawyer.

Can a migration lawyer help improve my chances of visa approval?

A migration lawyer cannot guarantee visa approval. However, professional legal advice can help identify potential risks, ensure applications are properly prepared, address legal issues and present supporting evidence in the strongest possible manner.

Is it worth using a migration lawyer for a Partner Visa application?

Many applicants choose to engage a migration lawyer because Partner Visa applications often involve extensive evidence requirements and complex legal considerations. Professional guidance can help ensure the application is complete, accurate and supported by appropriate documentation.

Can I apply for permanent residency without an employer sponsor?

Yes. Depending on your circumstances, there may be independent skilled migration pathways, state nomination options, partner visa pathways or other routes to permanent residency that do not require employer sponsorship.

What is the fastest way to get permanent residency in Australia?

There is no single fastest pathway to permanent residency. Processing times and eligibility requirements vary depending on the visa subclass and individual circumstances. The most suitable pathway will depend on your qualifications, occupation, relationship status, work experience and migration goals.

Can Tern Legal help international clients who are outside Australia?

Yes. Tern Legal assists clients located both within Australia and overseas. Many consultations and migration matters can be managed remotely through video conferencing, telephone consultations and secure electronic communication.