To make a valid visa application the first steps should be:
1. Decide which type of visa you can and should apply for.
2. Calculate the correct application fee
3. Decide if the criteria to be satisfied for each visa subclass is met: Schedule 2 of the Migration Regulations 1994.
4. Check whether there is any impediment to an application being made because of the client’s circumstances, for example whether a No Further Stay condition applies.
5. Check whether there are any additional requirements, for example in Schedule 3 of the Migration Regulations 1994.
If a visa application does not satisfy the relevant legislation on making a valid visa application, the application is returned as an invalid application. This is not a visa refusal, as the application is taken to have never been received.
Visa Processing Time
Processing times published by the Department of Home Affairs refer to the time taken to finalise a certain percentage of all the pending applications not to the time taken to complete a single application.
So, for example, if the website says processing times for Subclass 155 visas are:
25% of applications: Less than 1 day
50% of applications: Less than 1 day
75% of applications: 3 days
90% of applications: 75 days
This does not mean that 90% of all such visa applications take 75 days. Rather, it means it takes them 75 days to reach 90% finalisation of all pending subclass 155 applications, but less than one day to finalise 25%, one more day to finalise 50% and three more days to finalise 75%.
The long additional time to finalise the final 15% suggests that those applications are incomplete or invalid and require further information. For example, subclass 155 applications that do not meet the residence requirement will take longer to finalise.
If you have any question, please don't hesitate to ask us. We are happy to share with you our 40 years of combined legal experience and guide you into the right direction.