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Migration Advice

The Legal Services Commission offers a free legal advisory service to immigrants and refugees through its Adelaide office.

Our migration legal advisory service includes the provision of information and advice (but not representation) regarding:

  • permanent protection visas;
  • onshore partner visas for someone who has left a relationship due to family violence, or for someone who has had a child with the person who sponsored them; and
    • refusals of these classes of visa by the Administrative Appeals Tribunal;
  • 'split family' humanitarian or family stream visas for recent humanitarian arrivals;
  • visa cancellations, or refusals, based upon a failure of the character test;
  • preliminary advice on citizenship (we cannot assist however with the completion of the application form which remains the responsibility of the applicant).

All assistance provided to people by the migration legal advisory service is subject to a merits test, as funding is limited and new matters can only be accepted within the capacity of the migration lawyers. If our service is unable to assist, our staff will attempt to make a referral to another appropriate provider.

Please note: this service does not extend to advice for all visa types, for example we generally do not assist applicants for student or skilled visas.

For an appointment, please telephone (08) 8111 5539. Interpreters can be arranged for those who need them, and should be requested at the time of booking an appointment. 

Information for TPV and SHEV holders

On Monday 13 February 2023 the Commonwealth government announced a pathway for permanent residency for holders of Temporary Protection (TPV) and Safe Haven Enterprise (SHEV) visas.

Those people who currently hold either a TPV or SHEV will be transitioned to an application for a Resolution of Status visa (subclass 851) automatically.

People who have held a TPV or SHEV but who currently do not hold a visa will be able to apply for a Resolution of Status visa once the Minister lifts the bar. This will be in late March 2023.

A letter will be sent to advise when an application can be made.

This will apply only to those current or former TPV and SHEV holders who have not had a visa cancelled or refused.

If you hold a Temporary Protection Visa or Safe Haven Enterprise Visa that is shortly due to expire you will need to make a further application for a TPV or SHEV. This application, once lodged, will be converted to a Resolution of Status visa.

The majority of Resolution of Status visa applications are expected to be completed within 12 months.

You are entitled to free legal advice and assistance and people living in South Australia can contact the Legal Services Commission SA by telephone on (08) 8111 5750 (9:00 am – 5:00 pm Monday to Friday) or email to ROS@lsc.sa.gov.au

Interpreting services can also be arranged if needed.

More information is available on the Department of Home Affairs' Resolution of Status page and the Applying for a subsequent TPV or SHEV page

Assistance for Afghan Evacuees

As a result of recent changes to Australia’s migration law, if you hold a subclass 449 Humanitarian Stay (Temporary) visa, you are eligible to apply for a permanent humanitarian visa. You will be contacted by the Department of Home Affairs about this and they will invite you to apply. You cannot apply until you are invited by the Department. In the meantime, you should:

  • Make sure the Department has your correct contact details, including your current telephone number, email and postal address. You can update your details using the SC449 Afghan Evacuees Contact Details Form on the Department’s website.

The Legal Services Commission is able to provide free assistance to subclass 449 visa holders to apply for a permanent humanitarian visa. For an appointment, please telephone (08) 8111 5539. Interpreting services can also be arranged if needed.

 

Last updated: 23 February 2023