Frequently Asked Questions

Below you will find answers to some of the most frequently asked questions about acquiring a visa to Australia from the Philippines. You will also find information regarding Registered Migration Agent Jeff Harvie’s Down Under Visa service.

Will the Department contact us when we get the visa granted?

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

I’m worried about my fiancee going to Manila for the interview. Can you help?

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.

After applying, when will we hear from 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.

Can you push a visa through quicker?

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.

Why does it take so long?

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.

How long does it take to get a visa?

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 3 – 6 months. Permanent visas for temporary workers in Australia, between 4 and 7 months. Generally the better-prepared the application, the quicker it takes.

My partner is the same sex as me. Can I apply for a visa?

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

My girlfriend/boyfriend is already married and is (or is not) seeking an annulment

It is possible to apply for a partner visa on de facto relationship grounds. We will need to discuss your circumstances with you.

(For spouse and fiancee visas) Should we marry in the Philippines or in Australia?

Please read this document for more information. We can help you either way, so it’s entirely up to you.

Should we just apply for a Tourist (Visitor) Visa instead of a Spouse or Fiancee Visa ?

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 document as it’s explained in great detail.

I don’t live near your office. How can we deal with you?

Our main office is in Muntinlupa/Alabang (Manila). In most cases we don’t need to see clients at all. In this electronic age, we can do everything we need via email, phone, fax 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 (or country) at the time, we can always make arrangements. And we are VERY quick to return emails and phone calls!

Do you speak Tagalog/Pilipino?

My wife Mila does. (I speak enough to get myself into trouble, and that’s about it). So basically, yes we do.

Do you give guarantees?

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 Citizenship (DIAC), so how can anybody guarantee a decision that is out of their hands anyway?

I found another agent in Philippines who was cheaper than you!

Check out these documents DOC-1 DOC-2 to get more information on unregistered agents. The Philippines is full of them. 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.

What are the requirements for a visa?

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. 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.

But my friend told me … ?

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!

Who will handle my visa application?

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. Nothing more

Why Down Under Visa and not another agent?

You’re always free to deal with another agent, and we’re too professional for bad-mouthing. However, most agents will specialize 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 specialize 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

Are you licensed to practice migration law?

We are Registered Migration Agents (RMA), registered with MARA (Migration Agents Registration Authority, which is run by the Department of Immigration and Citizenship) 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.

Why do I need to pay a Migration Agent to do this? Can’t I do it myself?

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?

What happens if it is refused?

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.