How to Get Subclass 444 Visa for Australia?

What is a Subclass 444 Visa?

A subclass 444 visa is a special visa that allows people to stay in Australia for a period of up to six months. This visa is available to people who are citizens of countries that are part of the European Union or the European Economic Area. To be eligible for this visa, you must be able to show that you have a valid reason for wanting to stay in Australia. Some of the reasons that you may be able to use to support your application include studying, working, or visiting family or friends.

Those who have a EU passport and exhibit it to immigration officials at an airport or seaport are automatically issued a Subclass 444 SCV visa.

In order to go to Australia, citizens do not require a visa, but they will be granted a Subclass 444 SCV visa upon arrival.

How to Get Subclass 444 Visa for Australia?

What is the Application Process for Subclass 444 Visa?

As soon as you arrive at an Australian airport or seaport without having an Australian permanent residence card or any other visa, you must fill out an arriving passenger card at the immigration clearance desk. When you show an officer or clearing authority your New Zealand passport, you are deemed to have applied for a Subclass 444 SCV.

If you have been convicted of a crime and sentenced to death or imprisonment for at least 12 months, or if you have been convicted of two or more crimes and sentenced to at least 12 months in prison, you may be denied a Special Category Subclass 444 visa. Alternatively, if you have been convicted of two or more crimes and sentenced to at least 12 months in prison, you may be denied a Special Category Subclass 444 visa.

As an illegal non-citizen, you will be informed that your removal from Australia is imminent, and you will be kept in immigration detention (s 189(1)) until that time.

What if Your Subclass 444 Visa Application is Rejected?

Suppose the Administrative Appeals Tribunal (AAT) denies you a Subclass 444 SCV. In that case, the Tribunal will likely ask you to respond to its preliminary conclusion that it has jurisdiction because you have not been approved for immigration purposes. If you haven’t been approved by immigration, you’re not deemed to be in the migration zone at the time of the request for review. For the AAT to have jurisdiction over your case, you must have been approved to enter the United States.

A decision not to grant you a Subclass 444 SCV made by the delegate (known as the main decision – section 476(4) – is specified in section 474) is also not subject to Part 5 review (s 338). The AAT cannot accept your application because the delegate’s judgment is not a Part 5 reviewable decision.

How to Apply to FCCA to Challenge Subclass 444 Visa Rejection

To apply for review of the Subclass 444 visa refusal, you will need to submit an application to the Administrative Appeals Tribunal (AAT). You can find more information about how to do this on the AAT website.

FCCA may hear and rule on your application based on the § 476(1) appeals procedure. You may learn more about applying to the FCCA by visiting the FCCA application page.

Successfully arguing that the delegate committed an error of jurisdiction is all that is required to overturn the decision of Subclass 444 visa rejection.

How Do You Know if You Have a Subclass 444 Visa?

If you have a subclass 444 visa, you can stay in Australia for up to four years. This visa is for people who want to study or work in Australia. You must be sponsored by an Australian citizen, permanent resident or organisation.

Some things you may want to consider include whether you have specific work rights, whether you are able to travel in and out of Australia and how long you can stay in the country. If you are unsure whether you have a subclass 444 visa or any other visa, it is best to speak to an immigration lawyer or migration agent.