Help & Support

Yes, they may be included as secondary applicants in that visa. Note that this depends on you having a legal right to remove them from the country, ie. if another parent still has joint custody then you will need their permission for this to happen.

No, definitely not. Bridging visas never apply to offshore visa applications.

Yes, Prospective Marriage Visa holders have unrestricted work rights.

No, you cannot. A Prospective Marriage Visa is an offshore visa only, which means the applicant must be offshore (ie OUTSIDE of Australia) when it’s lodged, and also when it’s granted.

No sorry. You can only apply for it based on a prospective MARRIAGE.

A Prospective Marriage Visa is granted with a condition that says you must marry within 9 months of the visa grant. You cannot delay this, or you will breach that visa condition and invite cancellation of the visa.

No, definitely not. You both must be legally free to marry in order to have a Prospective Marriage Visa granted.

Most Prospective Marriage Visa applicants do, and this is how the visa was designed. However you may marry anywhere as long as you entry Australia before marrying. That means you may travel together from Australia to another country and marry if you wish.

No, not at all. You don’t need to live together at all before the visa grant.

You will breach visa conditions, and your visa will be cancelled.

You will breach visa conditions, and you risk cancellation of your visa.

You must meet in person before applying for a Prospective Marriage Visa, or you will not meet the criteria and the visa application will be refused.

If the visa is then granted, you will breach visa conditions. We may request that they withdraw a Prospective Marriage Visa application, and replace it with an offshore Partner Visa if we do so in plenty of time.

No. Bridging visas are never issued to offshore visa applicants. They are for onshore applications only.

No, unless you are applying based on an established and genuine de facto relationship of 12 months or more. If you intend marrying and basing an offshore Partner Visa on that marriage, then no you need to be legally free to marry before applying.

If it’s an established and genuine de facto relationship of 12 months or more, yes you can. That time period may be shorter if you have a Registered Relationship.

Yes, you may include kids as secondary applicants on an offshore Partner Visa application. Note that this depends on you having a legal right to remove them from the country, ie. if another parent still has joint custody then you will need their permission for this to happen.

Yes, an offshore Partner Visa holder will have full and unrestricted work rights.

Not necessarily. You must be married before they finalise the application, but you may apply before marrying as long as you fully intend to marry during the visa processing time.

You can marry anywhere you like, as long as it’s a legal marriage.

If you are applying based on a de facto relationship, yes. Otherwise, no.

Yes, you may include kids as secondary applicants on an onshore Partner Visa application. Note that this depends on you having a legal right to remove them from the country, ie. if another parent still has joint custody then you will need their permission for this to happen. It also means the kids need to be in Australia at the time of application. They cannot still be in the Philippines.

Yes, you can. But it must be an established and genuine de facto relationship.

There is no such thing as a stand-alone Bridging Visa A that you can apply for because you ran out of time or because you weren’t ready to apply for a partner visa.

You can if you like living dangerously, or if you enjoy miserable failure. A quality and complete onshore Partner Visa application takes considerable time to prepare. Rush-jobs lead to refusals, as the Department insist on “decision-ready” applications.

Yes you can. A Bridging Visa A will be issued automatically when a valid onshore Partner Visa application is lodged, and when the tourist visa runs out.

Yes you do. If you are not married before lodging the application, the visa will be refused. No exceptions, unless in an established de facto relationship.

If you intend applying for an onshore Partner Visa based on marriage, no you do not. If you are applying based on an established de facto relationship, yes.

If you have already lodged a valid onshore Partner Visa application, the Department will automatically grant a Bridging Visa A when the tourist visa runs out. This allows the applicant to remain lawfully inside Australia. If you have not lodged the application, the applicant will be unlawfully inside Australia (which is a bad thing!)

They cannot be included unless they are in Australia at the time of application of the partner visa.

No problems. Marriages in the Philippines are considered legal in Australia.

Normally yes. We apply for these all the time, and it makes the waiting time much smoother.

You can in theory, but in practice it’s going to be impossible for you to (a) get married and (b) prepare a very large and complicated partner visa application all within three months. We suggest you discuss this with us before you mess it up.

No one takes a one year holiday, do they? I’ve never seen a 1 year tourist visa granted, and I don’t expect to. Please discuss your plans, and I’m sure we can help you properly.

Yes you can. All perfectly legal too. Just be aware she can’t just automatically stay because she’s now your wife.

No such thing as an “extension” of an existing visa grant. It’s always a further application. But yes, we can apply for a further stay inside Australia before the existing visa runs out. If granted, it means she doesn’t need to leave straight away and can remain.

Not for a tourist stream tourist visa, no.

Most of our clients don’t have either. What they want to see is that she has (a) a genuine reason to visit Australia, and (b) incentive to return at the end of her stay. She can do that without a job or bank account.

Three months is a reasonable request, especially for a first visit.

Then go right ahead. You get what you pay for. A Mercedes costs more than a rusty tricycle too. We have qualifications, business ethics and a great reputation. Most clients think we’re worth the investment.

As soon as you have a strong case, you may apply again. We do this for clients all the time when they come to us after their own refusals.

No, it’s three calendar months.

There’s a high refusal rate for most people to try to lodge their own applications. This is the visa-of-choice for those who choose to run away and work illegally for years, therefore they scrutinize applications very carefully.

They have a long history of refusing visa applications to those who haven’t met in person yet. We strongly suggest you don’t waste your time and money.

There is no legal requirement for you to do so. It’s very easy to change the family name of a child through the Department of Births, Deaths and Marriages with a simple form.

No, you may apply for a Dependent Child Visa when the parent has had a temporary Partner Visa granted (ie Subclass 309 or Subclass 820). You may apply for a Child Visa when the parent has a permanent Partner Visa granted (ie. Subclass 100 or Subclass 801).

Only if (a) you have his written permission for the child to migrate permanently, or (b) there is a court order removing his custodial rights.

Under Philippines Law, children born out of wedlock are the sole responsibility of the mother. An unmarried biological father has no say in what happens to his children.

Not unless there is a very unusual reason for the “child” to be still genuinely dependent on a parent at that age. Laziness is not a justifiable reason. This is about genuine dependency, and not because you want your older child to enjoy the good life in Australia. They need to genuinely deserve the visa grant.

Not a chance. Needs to be a child who is wholly or substantially dependent on their parent for their daily needs. If working and/or with a spouse, they are clearly not dependent on anyone else.

No sorry. Only biological, step or adopted children. No chance for another relative.

It gets a little complicated. Please complete an online assessment and we can advise you.

It comes down to what you prefer. To me? I think kids should be with their parents, and note that a Dependent Child Visa means parent and child will be apart 18 months or longer. Child Visa, even longer. But if you prefer that mum settles into life in Australia first, then a Child Visa is reasonable choice. We will help you no matter what you choose.

There are different criteria in the Migration Regulations for each one, which we won’t go into here. In short, the Dependent Child Visa is applied for when the child’s parent has a temporary Partner Visa, whereas the Child Visa is applied for when the parent has a permanent Partner Visa.

You can apply for a Dependent Child Visa when the parent has had a temporary Partner Visa granted (ie Subclass 309 or Subclass 820). You may apply for a Child Visa when the parent has a permanent Partner Visa granted (ie. Subclass 100 or Subclass 801).

If you apply for Citizenship by Descent for a child inside Australia on a tourist visa and the application takes longer than the tourist visa, you could mess everything up. There are no bridging visas associated with Citizenship applications.

Not at all. A child born to an Australian parent (either or both) inside Australia is an Australian Citizen the moment they pop their head out. It’s automatic.

No, a passport is a separate application. And it’s one you need to do for yourselves.

No, not at all. The child may enter Australia and remain anytime at all, and will never need a visa.

Citizenship By Descent is quicker and cheaper. Need we say more?

No, definitely not. The child must have at least one parent who is an Australian Citizen. Adding your name as the father, ie. “giving the child your name” sounds very gallant, and no doubt the intentions are wonderful. However it happens to be a crime.

It’s not standard, however they may ask for it if there is any doubt. More reasons not to try to be clever with switching babies or claiming to be a child’s father.

No. You must be already in that established relationship when you lodge the visa application.

It’s not an issue, as long as the previous relationship is well and truly over and your current relationship is exclusive.

Tourist visas are for visiting. They are NOT substitutes for partner visas, and if you apply for a 12 month partner visa so you can live together, it will be refused. Please read: Can I get a one year tourist visa?

Please read this BLOG POST (https://www.downundervisa.com/2013/10/01/where-should-you-marry-australia-or-philippines/ ) for more information. We can help you either way, so it’s entirely up to you.

You will hear from us whenever we hear something from the Department. There is nothing gained by asking us “Have you heard anything?” If you hear nothing from us, it means we’ve heard nothing from them. We’re definitely not ignoring you. We will be with you all the way through. But you need to be patient. Please read this: https://www.downundervisa.com/2013/12/05/australian-visa-application-processing-updates/

Only if you are not a tourist. Please read this post.

No, they are definitely not a waste of time. You just need to be certain that your intentions are genuine and that you have a strong enough relationship to back up the application. And the way the application is presented makes all the difference.

Avoid wasting time, and get Down Under Visa to help. Start with getting an assessment of your case, and be assured of an honest response from us.

It means you are not currently married to someone else. Please see this for further information.

We are Registered Migration Agents (RMA), registered with MARA (Migration Agents Registration Authority, which is run by the Department of Immigration and Border Protection) in Australia. Our MARN (Migration Agents Registration Number) is 0959797. It is illegal in Australia to give migration advice unless you are an RMA, so yes it’s a form of licensing. So yes, we are. Please read this: https://www.downundervisa.com/2014/09/04/do-unregistered-migration-agents-exist/

For some reason, everyone’s an expert when it comes to migration. There are over 70 different types of visa for Australia. The Migration Act of 1958 and the Migration Regulations of 1994 are like a couple of phonebooks in thickness, and many of the Laws and Regulations change several times per year. And there is very little consistency across the different visa types. Beware of well-meaning friends! And PLEASE don’t seek advice from those annoying amateur-run “advice forums” on the internet. Just because somebody managed to get their own visa application refused does NOT qualify them to advise you on yours. They are actually breaking the law by giving advice when not registered with MARA. Stay away! Please read this: https://www.downundervisa.com/2014/05/09/the-advice-forums-english/ and also this: https://www.downundervisa.com/2014/04/07/choosing-a-good-migration-agent-and-then-listening-to-them/

Please read this Blog Post.

It’s very difficult to get a one-year tourist visa, because they don’t want you to use a tourist visa as a substitute for a partner visa. No one takes a “one year holiday”. Please read this article for a better explanation. https://www.downundervisa.com/2014/08/30/1-year-tourist-visa-filipina/

Definitely not! And any agent who says they can, they are not only lying they are also breaking the Code of Conduct (assuming they are registered!) Visas are GRANTED when the Regulations are met. They are nobody’s “right”. You are not a “customer”, and they won’t be pushed. You need to be patient. The very worst thing you can do is to do the “I’m a taxpayer and I know my rights” outburst. And beware of any “agent” insinuating they are friends with Departmental staff who can fast-track. This is the Australian Government you are dealing with, and you don’t want to be party to suggestions of obtaining special favours from Departmental officers, as this smells of serious corruption. Even if we believed this was a possibility (which we do not!), we run an honest business and would never involve ourselves in this sort of thing. Please don’t ask us. Please read this: https://www.downundervisa.com/2013/12/04/australian-visa-application-taking-so-long/

Read this post for further information. (and note the 2016 update)

Please read this post.

Under Section 2.14A of the Code of Conduct for Registered Migration Agents (which is set in Law), we’re not allowed to do that. However, under Section 2.6 of the Code, we need to be honest with you about the likely success of a case. We turn clients away on a regular basis when we don’t believe their application would succeed. And remember too that the decisions to grant a visa comes from the Department of Immigration and Border Protection (DIBP), so how can anybody guarantee a decision that is out of their hands anyway?

No, we don’t. Lawyers who offer this invariably charge much higher rates to do so, and we don’t want to operate like that. However we do offer to all our clients that we will redo their applications without charging a professional fee if their visa application has been refused. This is dependent on the refusal not being because of a serious error, false statement, fake document or omission of important facts on their part, or if there is a serious illness that led to the refusal. Note that the Government will not refund their charges when there is a visa refusal.

Yes, we certainly do. We lodge applications for partner visas and tourist visas at Department offices in Australia all the time, and we lodge them electronically through our business IMMI Account. Not a problem.

My wife Mila does. (I speak enough to get myself into trouble, and that’s about it). So basically, yes we do. Please read this: https://www.downundervisa.com/2015/02/19/down-under-visas-valuable-resource/

For further perspective see this.

Our main office is in Dasmarinas in Cavite, (which is about 45 minutes form the Manila airport). In most cases we don’t need to see clients at all. In this electronic age, we can do everything we need via email and couriers. We have clients from all over the world, and many successful visa applications from people we’ve never physically met. If you need a face-to-face, provided we are in the correct place at the time, we can always make arrangements. And we are VERY quick to return emails!

The Philippines is full of unregistered “agents”. And almost every travel agent becomes an instant Migration Agent when the opportunity comes their way. Of course they’re cheaper! Registration for Registered Migration Agents costs money! So does maintaining a professional library, attending Continued Professional Development courses, keeping proper records and running a professional office. And there are those “agents” who don’t actually submit an application for you at all. Very cheap! Proceed at your own risk. In Australia it is a criminal offense to give migration advice without being registered with MARA. With an unregistered agent, you run a serious risk and you have no protection or comeback. Please read this: https://www.downundervisa.com/2013/05/26/no-substitute-for-knowledge-and-experience/

Please read the linked post for more complete information.

She won’t have to worry, as long as she is well-prepared. And we will make sure she knows what to say (and what NOT to say!). However MOST of the time she won’t need to go to manila. Face to face interviews are rare, especially if your application is put together properly. And Medical examinations can be done in Cebu City, Davao and Baguio too.

As a de facto partner, yes quite possibly. As a fiancee, no. Please contact us. And please read this: https://www.downundervisa.com/2013/07/16/de-facto-visas-for-malefemale-couples-and-same-sex-couples/

As a de facto partner, yes quite possibly. As a fiancee, no. Please contact us?

Congratulations to both of you! Unfortunately this is not so uncommon, and the Department won’t treat you as a special case at all. This is something you should handle sensitively for obvious reasons. So please read this for more information. https://wev.downundervisa.com/2014/04/21/is-she-pregnant/

The Australian Embassy doesn’t work like that these days.

1. You need an appointment to get in to see them
2. They won’t discuss visa applications with you anyway. They will direct you to their website.

Please read this article.

There are a few factors that determine the best choice. For a complete answer read this post.

Please read this post here.

The easiest and cheapest time to bring children is as part of the initial visa application. And Down Under Visa do not charge for the addition of kids in partner visa applications. Please read the following article, and make up your own mind. https://www.downundervisa.com/2013/10/06/australian-partner-visas-should-you-include-the-kids/

If only it were that easy! In some cases? Yes. But for the average Filipino it’s very hard to get a Visitor Visa. Please read this BLOG as it’s explained in great detail.

You may sponsor no more than TWO applicants for partner visas or fiancée visas (prospective marriage visas) in your lifetime, and if you are on your second sponsorship this must be more than five years since you lodged the first visa application! Read this article for more information.

Please keep in mind that tourist visas are NOT short-cuts to partner visas. Tourist visas are for tourists. Please read this post.

Please see this.

You don’t need to fill out visa application forms. Not the Form 40SP, Form 47SP, or Form 1419. Even the Form 956, you only need to sign it after we complete the details. We don’t expect you to fill out forms, as this is our job to do. Please read this: https://www.downundervisa.com/2014/07/22/filling-in-visa-application-forms/

People always ask “What are my requirements?” Different visas, different people, different situations, different requirements. Once you become our client, we will give you all the checklists and guidance documents you need, and we are always available to answer questions. Once you’ve become our client, never be embarrassed to ask! The other side of this coin is that if you are not our client yet, please don’t expect we will analyse your your case and give you free advice on how to lodge your own visa application. We will assess your situation and give you an opinion on whether you have a strong case, and we will do this for free (many agents charge for this), but don’t ask us to work for nothing. Please read this BLOG post.

You must never do this, or you will risk refusal and a 3 year ban. And never ask Down Under Visa to cover up for you. Please read this for a further explanation: https://www.downundervisa.com/2014/09/24/mistakes-in-your-visa-application-documents-the-wrong-way/

If the visa is an offshore visa (eg. Tourist visa, offshore General Skilled Migration visa, or Student visa), then there is no right of appeal. If it is an onshore visa, or if there is an onshore sponsor, then yes it may be appealed at the Migration Review Tribunal (MRT). The MRT is independent of the Department, and will overturn decisions if they are proved to be incorrect. Please read this: https://www.downundervisa.com/2014/01/25/australian-visa-refused-what-should-you-do/

How much does it cost to get a visa to Australia? It depends on the visa, and the price can change because the Australian Government can increase the visa application charge at a moments notice. And they’ve now introduced charges for adding children to a visa application as secondary applicants. When you fill out our online assessment form, we will give you a fixed quote on what it will cost you, including government charges and our own professional fees. Those who shop around find our charges very reasonable. And there are no hidden costs. There is a lot of work that goes into the management of your visa application, and what price can you put on your future?

This depends on the visa! It also depends on how busy the Departmental office is at the time. Visitor Visas (when appropriate) may only take a few weeks. Spouse or fiancee visas an average of 9 months or longer. Tourist visas approximately 2 – 3 weeks processing time.

This is really up to you, but there is much to consider, please read this..

Our main office is in Manila, where it’s very affordable to fill your office with low-paid staff. And many agents do just this. One agent, and 15 staff members doing most of the work. If we did this, we could handle more clients and process more applications…..but we place quality over quantity. ALL visa applications are personally handled by Jeff Harvie, our Registered Migration Agent. Our few support staff handle reception and clerical work only. My son Jeremy Harvie helps me to deal with enquiries, as well as supervising office staff. Every single email response he sends to clients is checked and approved by me before it goes out! So at NO stage are you in the hands of anyone unqualified. Please read this BLOG post.

Please read this blog post.

Please read this post for further information.

You don’t! You’re free to do all of this yourself if you wish. However, you do this at your own risk. And in about 90% of cases we manage to stop a client from doing something that would have caused them problems with their applications, maybe even a refusal. You are also free to defend yourself in court, or treat your own medical problems. However, you are missing out on the services of an experienced professional who has been through this process many times before. What price do you put on your future, or the future of your loved one? Please read this: https://www.downundervisa.com/2014/10/20/why-do-you-need-a-philippines-specialist-migration-agent/

Because the Department deals with hundreds of thousands of applications every year. Most of the processing time is literally taken up by the application sitting in a large pile waiting for a Case Officer to be assigned. And if there is investigation to be done, or further information to be sought, then it will take longer. Once the application has been assigned, it is quite possible for a visa to be processed in a single day if it is well-prepared and all of the requirements are clearly met. But it still sits in the large pile first before they pick it up. Please read this: https://www.downundervisa.com/2013/12/04/australian-visa-application-taking-so-long/

You’re always free to deal with another agent, and we’re too professional for bad-mouthing. However, most agents will specialise in an area or a demographic (market) that they’re familiar and experienced with. There are some areas where we pass work onto other agents who have greater expertise than us. We specialise in visas from the Philippines, because we have a wealth of experience with Filipino culture (my wife is Filipina, and I’ve had over a decade of association with the country and people). We have an office here. We live here. And we know the cultural and bureaucratic peculiarities. I tend to talk to the Australian party in a visa application, and Mila deals with the Filipinos. It’s a good combination, and it works well. Please read this BLOG post.

No, they contact us. And we will let you know immediately.