Portal for Complex Australian Immigration Services

If you are in Australia unlawfully, applying for a Bridging Visa E (Subclass 050) will make you lawful, and allow you to make arrangements to leave Australia, finalise your immigration matters or wait for an immigration decision. 

If you remain unlawful and you are caught, there is a high possibility that you will be detained in immigration detention pending removal or deportation. 

It is estimated that there are over 100,000 illegal immigrants in Australia. If you have overstayed by more than 28 days, you may also have a re-entry ban.

 A re-entry ban, also known as an exclusion period, means a person may not be able to return to Australia for up to three years. A re-entry ban may be imposed when a person breaches their visa conditions.  

Applying and receiving a Bridging Visa E (Subclass 050) is not as difficult as other immigration matters, depending on the circumstances.

However, we strongly suggest you book a confidential and complimentary consultation with Andreas Athanasiou to get a full assessment of your case and what any future Australian immigration options you may have.

If you require immediate support or are experiencing feelings of worry, depression, or a sense of limited options, be aware that urgent support services are available 24/7 in Australia:

• Lifeline Crisis Support Line: 13 11 14

• Beyond Blue Helpline: 1300 22 46 36

• Domestic Abuse Helpline: 1800 737 732

• Emergency (Police): 000

The DHA may send you a Notice of Intention to Consider Cancellation (NOICC) which gives you an opportunity to comment on the information.

 
When you receive a NOICC, you are given a timeframe to respond and to argue your case as to why your visa should not be cancelled.

Three common reasons why you may receive a NOICC include the following:
• You were convicted of a crime whilst holding a Visa (Character Requirements are set out under section 501 of the Migration Act 1958, which we have ample experience in).

• You provided bogus documents or misleading information in your Visa application(s).

• Your Visa grant was based on circumstance(s) that did not exist or no longer exist.

 The timeframe to respond varies and in most cases the time given is 5 working days from the day you are perceived to have received the NOICC.

Please note that in the majority of cases, with or without representation, the DHA will cancel the Visa, whether the reasons for the NOICC were in your control or not.

However, you may be able to appeal the Visa Cancellation to the relevant Tribunal, depending on your circumstances.

The threshold to satisfy the DHA with your response when you receive a NOICC is high, and we strongly suggest you book a confidential and complimentary consultation with Andreas Athanasiou to get a full assessment of your chances and what any future Australian immigration options you may have.  

If you require immediate support or are experiencing feelings of worry, depression, or a sense of limited options, be aware that urgent support services are available 24/7 in Australia:

• Lifeline Crisis Support Line: 13 11 14

• Beyond Blue Helpline: 1300 22 46 36

• Domestic Abuse Helpline: 1800 737 732

• Emergency (Police): 000

If the Sponsor of a Partner Visa or a Prospective Marriage Visa has sponsored someone else in the past, there may be a 'Sponsorship Limitation' when sponsoring a new partner.

It is very important to note that you can only sponsor two approved Partners in your lifetime. This means that the previous Partner Visa(s) must have been approved.

In addition, if you have sponsored a previous partner before, you may face issues if less than 5 years have passed since you have submitted your previous Partner Visa Sponsorship.

 Sponsors who previously were approved Partner Visa applicants themselves in the past cannot sponsor their new spouse until at least 5 years have passed since their own Visa application was submitted. 

Sponsorship Waivers for such restrictions can be made under certain compassionate and/or compelling circumstances. 

The threshold to get a Sponsorship Waiver is extremely high, and we strongly suggest you book a confidential and complimentary consultation with Andreas Athanasiou to get a full assessment of your eligibility and chances.

If you require immediate support or are experiencing feelings of worry, depression, or a sense of limited options, be aware that urgent support services are available 24/7 in Australia:

• Lifeline Crisis Support Line: 13 11 14

• Beyond Blue Helpline: 1300 22 46 36

• Domestic Abuse Helpline: 1800 737 732

• Emergency (Police): 000

Primary Applicants ​​​​​​​​and their family members who apply for certain Visas might need to undertake Health Examinations to prove they meet the Health Requirements. 

Certain pre-existing (or newly-discovered) health conditions may then be investigated further by the DHA. 

When determining if an Applicant meets the Health Requirement, a Medical Officer of the Commonwealth (MOC) considers whether they have a health condition that will be a significant cost to the Australian community in terms of the health care and/or community services required to manage the condition. The DHA regards costs of $51,000+ to be significant. 

 The Applicant may be able to apply for a Health Waiver, depending on the condition and the circumstances. The DHA may request that the Applicant completes a formal submission template and provides information to the DHA, on why they should exercise a health waiver. 

All Waivers are considered on a case-by-case basis. 

The DHA may consider a number of different factors when they decide to exercise a Health Waiver. 

The threshold to have a Health Waiver approved is extremely high, and we strongly suggest you book a confidential and complimentary consultation with Andreas Athanasiou to get a full assessment of your eligibility and chances.

If you require immediate support or are experiencing feelings of worry, depression, or a sense of limited options, be aware that urgent support services are available 24/7 in Australia:

• Lifeline Crisis Support Line: 13 11 14

• Beyond Blue Helpline: 1300 22 46 36

• Domestic Abuse Helpline: 1800 737 732

• Emergency (Police): 000