More often than not, as Migration Agents we hear that obtaining Australian visa's is as simple as completing an application form. Well, the writer has to disagree, as selecting the wrong form (particularly at the wrong time) can result in un-intended consequences for visa applicant's.
But what is a form? Unfortunately, the Australian government, particularly the immigration department, like to overthink administrative procedure which has resulted in a process that has become increasingly complex.
The main provisions under Australian immigration law for 'approved forms' are:
- Section 5(1) of the Migration Act which provides that an approved form, when used in a provision of the Act means a form approved by the Minister in writing for the purposes of that provision.
- Section 495 of the Migration Act which provides that the Minister may, in writing, approve a form for the purposes of a provision of the Act in which the expression 'approved for' is used.
- Regulation 1.03 which provides 'approved form' means a form approved by the Minister under section 495 of the Migration Act or Regulation 1.18 of the Migration Regulations and a reference to an approved form by number is a reference to the form so approved an numbered.
- The approved forms for applying for classes of Australian visa's are set out in Schedule 1 of the Migration Regulations, as provided for in Regulation 2.07 (1).
Just Tell Me What Form I Should Use!
Well, to keep it simple, the Minister has said under Section 495 of the Migration Act or Regulation 1.18 that a reference to an approved form by number is a reference to the form so approved and numbered.
Australian immigration legislation states that:
- The relevant section of Schedule 1 of the Migration Regulations sets out the approved form you need to complete.
- However, the Minister may change his mind and decide to include information about the form you need to complete in a legislative instrument, separate to Schedule 1. The Australian government has left hints and clues for us Migration Agents all over the place.
If you are finding the Australian immigration process is not as easy as you think, please contact our experienced Migration Agents for advice and help with your Australian visa application.