Immigration
Status, permits and the department that will not answer.
Most immigration problems are not really about the law — they are about a decision that has not been taken, a document nobody explained, or a rejection with no reasons attached. We handle visa and permanent residence applications, appeals against refusals, and the court applications that get an answer out of Home Affairs when nothing else has.
Handled by Peter & Mandy Jay · 62 years in practice
The situation
Where people usually are when they call
- An application has been in with Home Affairs for months and nobody can tell you anything.
- A visa was refused and the letter does not explain why, or gives a reason that is plainly wrong.
- You overstayed — by days or by years — and have now been told you are barred from returning.
- Your status lapsed while you were waiting for a renewal that never came, and your employer is asking questions.
What the law says
What the law actually says
- The Immigration Act separates temporary residence visas — work, business, study, spousal, relative’s, visitor’s — from permanent residence, which has its own requirements and its own route.
- A refusal is not the end. The Act provides for an internal appeal to the Director-General, and beyond that to the Minister, within short time limits that are strictly applied.
- Overstaying can result in being declared an undesirable person and barred from re-entry for a fixed period. That declaration can be challenged, and a waiver can be applied for.
- Delay is reviewable. Where a department simply fails to decide, administrative-justice law allows a court to be asked to compel a decision. "Still in process" is not, indefinitely, a lawful answer.
How we handle it
- 01
Work out what status you actually have
Not what you were told, and not what the receipt says. What the record shows, what has lapsed, and what deadline is running right now.
- 02
Get the file
The application, the reasons for refusal, the dates. Half of these matters turn on a document the applicant has never been shown.
- 03
Apply, appeal, or waive
A fresh application, an internal appeal within the time limit, or a waiver application — whichever actually fits. Filing the wrong one wastes the deadline for the right one.
- 04
Court, where it is the only thing left
A review to set aside a bad decision, or an application to compel a decision that has never been made. Used where the department has stopped responding, not as a first move.
What it costs
Straightforward applications are quotable up front and we will give you a figure. Appeals and reviews are not, because their length depends on how the department behaves. We will tell you honestly at the outset when we think the realistic answer is a fresh application rather than a fight, even though the fight would earn us more.
What moves the number
- Whether this is a first application, a renewal, an appeal, or a court review
- Which visa category, and how much supporting documentation must be assembled
- Whether documents must be obtained from abroad, translated or legalised
- Whether the matter can be resolved with the department or has to be litigated
How long it takes
Home Affairs timelines are the main variable and they are not within anyone’s control but the department’s. Straightforward applications run to months. Appeals add months more. The one thing entirely within your control is not missing the appeal deadline, which is short.
Common questions
Immigration
My application has been sitting with Home Affairs for months. Is there anything I can do?
Yes, and more than most people are told. A department that does not decide can be asked, by a court, to decide. That step is not always necessary — sometimes a properly directed follow-up moves it — but the option exists and it is real.
My visa was refused. How long do I have to appeal?
Short, and counted from when you were notified rather than from when you understood. This is the single most common way a good case is lost, so treat a refusal letter as urgent even if the reasoning looks absurd.
I overstayed. Am I banned permanently?
Usually not permanently. Overstaying can lead to being declared undesirable for a fixed period, and both the declaration and the ban can be challenged, with a waiver available in some circumstances. The length depends on how long the overstay was.
Can a criminal charge or conviction affect my status?
It can, significantly — both for a pending application and for an existing permit. If you are facing a charge and are not a citizen, the immigration consequences need to be considered alongside the criminal matter, not after it.
Do I need an attorney, or can an agent do this?
For a clean first application, often neither is strictly necessary. For a refusal, an appeal, a declared undesirable status or a department that has stopped responding, you want someone who can take it to court if it comes to that. An agent cannot.