VISITOR / TOURIST
Tourist visas are for the purpose of visiting Australia for
a holiday, sightseeing, social or recreational reasons, to visit relatives, friends or for other short term non-work purposes.
Tourist visas are generally granted for stays of up to 3 months per visit over a 12 month period. You may not
work whilst holding a tourist visa, however study for up to 3 months is permitted. There are 4 subclasses of tourist
visas which carry slightly different eligibility requirements and conditions.
WORKING HOLIDAY
The Working Holiday visa allows young people aged
18-30 to have an extended holiday in Australia that is supplemented by short-term casual employment for up to 12 months.
You can do any type of work while in Australia, however you may only work with any given employer for a maximum period of
6 months within the validity of the visa; study for up to 4 months is also permitted. Generally you may only obtain
1 Working Holiday visa in a lifetime, however you could be eligible for a 2nd if certain eligibility requirements
are met (such as completing 3 months of specified work in regional Australia). Not all countries participate in this
working holiday reciprocal agreement, so you can check your eligibility for your country of citizenship on Working Holiday.
STUDENT VISAS
Student
visa categories are available for all levels of study in Australia including primary, high school, University, post graduate
research and English language courses. The duration of this visa is generally granted for the length of the course in
which the applicant is enrolled in Australia. Once the course of study has commenced, the visa holder may also work
no more than 20 hours per week, and unlimited hours during scheduled breaks. Eligible family members may also be able
to travel to Australia with the visa holder; criteria for eligibility will depend on the visa subclass applied for. Generally
dependent family members are also allowed to work 20 hours per week (unlimited if the visa holder is doing a post graduate
course), and partners of the visa holder can study for up to 3 months.
EMPLOYER SPONSORED TEMPORARY
VISAS
These visas are for qualified people who have had an offer of employment from an eligible
Australian employer and have an occupation that is on one of the Skilled Occupation lists. Eligibility requires that both
the sponsoring employer and visa applicant meet a number of criteria including minimum salary requirements, specific qualifications
and skills set, English Language, Health requirements, etc. These visas are temporary, generally valid for the duration
of an employment contract up to a maximum of 4 years.
Additionally, there are similar temporary visas available
to allow representatives of overseas suppliers to stay in Australia for between 3 and 6 months. The reason for the stay must
be to negotiate, or enter into agreements to supply services in Australia (not to sell products). This visa is not sponsored
by an Australian employer but an overseas entity trying to establish themselves in Australia; the visa holder’s salary
and financial assistance must be paid by their overseas employer.
SKILLED PERMANENT VISAS
Independent
- Skilled Migrant visas are for qualified people between the ages of 18 and 49, who have skills listed in
the Skilled Occupation List meaning they are in high demand in Australia. This visa allows you to live and work in Australia on a permanent basis
and receive associated benefits as a permanent resident such as Medicare. Visa eligibility for an Independent Skilled
Migrant is based on a Points System and an applicant’s points will depend on a number of factors including but not limited to age, skills/experience, occupation
and English Language. A Skills Assessment will need to be completed by the relevant authority associated within your
occupation and you must meet any necessary registration and licensing requirements to work unsupervised within your field
in Australia.
Employer Sponsored
- Employer sponsorship for permanent residency is also available under the Employer Nomination Scheme (ENS).
Eligible employers can nominate employment positions listed in the ENS Skilled Occupation List to be filled by qualified
individuals. Obtaining permanent residence through ENS does not assess eligibility with the standard points test, however
a Skills Assessment is still required as well as suitable experience and necessary licensing enabling the applicant to work
unsupervised in Australia. This category can be beneficial to applicants that may not be able to meet all requirements
as an Independent Skilled Migrant, because under extenuating circumstances employers may seek an exemption from the minimum
skill, language or age eligibility requirements. Generally a permanent visa being acquired through ENS, requires the
holder to remain employed with their sponsor for a minimum of 2 years following grant of their visa.
FAMILY
There are a number of migration options for partners, spouses, children, parents and other
family members of Australian citizens, Australian permanent residents or eligible New Zealand citizens. Generally full
work and study rights will be granted with family visas, and access to Medicare medical benefits.
Partner (Temp/Perm) – Allows for
people to enter and stay in Australia with their de-facto partner or spouse. If after 2 years of visa grant the relationship
is still ongoing, a permanent visa may be granted (2 year waiting period is waived if the couple has been married for 5 years
or more). **De Facto relationships need to be proven as genuine and ongoing, and generally the couple needs to being
living together for a minimum of 12 months before application.**
Prospective Marriage - Allows people from overseas to enter Australia,
with the intent to marry their fiancé within 9 months. The fiancé must be an Australian citizen, permanent resident
or eligible New Zealand citizen. Once married, the holders of this visa can then apply to remain permanently in Australia.
Parent - Parents may be
able to migrate to Australia if they have a child in Australia who is an Australian citizen, permanent resident or eligible
New Zealand citizen. The main requirements for a parent visa is that the applicant is 65 years or above and also at
least half of their children are permanently resident in Australia. Others include the standard health and character requirements.
Both temporary and permanent parent visas are available for an initial application; temporary visas are granted for 2 years,
so if permanent residency is desired a permanent application must be submitted anytime before the temporary visa expires (temporary
parent visas cannot be extended).
Child – For dependent
children, orphan relatives or adopted children. This visa is for children under 25 years of age who want to enter and remain
in Australia with their parent. The child must be wholly dependent on their sponsoring parent. All children under 18 years
of age are considered to be dependent, but if a child is over 18, to be considered dependent they must provide evidence that
they are financially dependent for their basic needs of food, shelter and clothing. The child must also be single, and must
not currently (or ever been) married, in a de-facto relationship or engaged. A stepchild can only be included in the
child visa category if the stepchild is under 18 years of age and the sponsoring step-parent is no longer the partner of the
child’s parent, but has a legal responsibility to care for the child.
Remaining Relative - For people
to join their parents or siblings (including step family) who are their only remaining close relatives, and they are usually
resident in Australia. The applicant would be sponsored by their family member in Australia, who must give written evidence
that they will support their family member for their first 2 years in Australia. Other dependent relatives may also
be included in the application.
Aged Dependent
– Applicant for this visa must be a dependent relative of 65 years of age
or older. They must demonstrate that they have been substantially dependent on a relative in Australia for financial
support of basic needs of food, shelter and clothing or because of a disability which prevents them from working. This direct
support must have been continuing for at least 3 years.
Carer - This
visa is for people who are needed to care for an Australian relative or a member of their family who has a serious medical
condition. The type of assistance provided must be of a type which cannot reasonably be obtained from any other relative or
from welfare, hospital, nursing or community services in Australia. This visa requires the applicant to be sponsored
by their Australian relative or their Australian relative's partner/spouse. The applicant will be required to fully understand
the details of the medical condition, what kind of care is required and be willing and able to provide that care. The
visa holder may also be eligible to receive government carer payments after care is commenced for the relative.
New Zealand Family - The purpose of this visa
is to allow non-New Zealand citizens to travel to and live in Australia with a New Zealand citizen family member who is a
Special Category visa holder (444). The Special Category subclass 444 visa is a temporary visa automatically granted
to New Zealand citizens who arrive in Australia who do not hold a permanent visa. This visa is for family members of Special
Category visa holders who are not eligible for a Special Category visa because they are not New Zealand citizens. This is
a temporary visa and it is valid for up to 5 years.
CITIZENSHIP
General Eligibility - You will
need to be a current permanent resident of Australia, be likely to continue to reside in Australia, satisfy character requirements,
and meet the residence requirement. The residence requirement is based on the time you have lived in Australia and the
time you have spent outside Australia.
If
you became a permanent resident on or after 1 July 2007:
You must have been living in Australia
on a valid Australian visa for 4 years immediately before applying, including one year as a permanent resident, and not have
been absent from Australia for more than one year, including no more than 90 days in the year before applying for citizenship.
If you became a permanent resident before
1 July 2007, and apply on or before 30 June 2010:
You must have been living in Australia for 2 years
as a permanent resident in the 5 years immediately before applying; including one year in the two years immediately before
applying for citizenship.
If you fulfill the residence requirement and are eligible for citizenship, then the
next step is to take the citizenship test (required for applicants aged 18 to 59 years old). After passing the citizenship
test, an application for citizenship can be lodged and once approved you will be invited to attend the ceremony to pledge
commitment to Australia.
Descent –
You may be eligible to apply to become an Australian citizen by descent if you were born outside Australia, and one
of your parents was an Australian citizen at the time of your birth. If your Australian citizen parent was a citizen by descent,
then that parent must have spent at least two years in Australia.
**It is possible to hold dual or multiple citizenship
with Australia as long as the law of those other countries allow. People can become dual citizens automatically, or
after being granted citizenship of another country.**
PROTECTION VISAS
Asylum seekers who are found to be owed Australia's protection under the Refugees Convention, and who
satisfy health, character and security requirements, can be granted a permanent Protection visa to resettle in Australia.
Decisions are made on the individual circumstances of each applicant's claims of fear or suffering of persecution in their
home country. There is no blanket approval or refusal of applications based on broad assumptions, for example about the safety
of particular countries. There are various subclasses under the protection category including Refugee, Emergency Rescue,
Humanitarian and Women at Risk.
MIGRATION REVIEW TRIBUNAL
(MRT)
Onshore Visa
Applicants and some Offshore Applicants with an Australian Sponsor who have been refused a visa will be eligible to apply
for a complete review of that decision by the MRT. The MRT will look at the entire application with “fresh eyes”
and will determine if Immigration should re-assess the application. Their assessment will be based only on the visa criteria
in effect at the time the original visa application was lodged.
MZ Migration International will be able to give
you an indication of your likelihood of a successful review based on your particular case and circumstances. We can
assist you with the preparation of the application for review and the review material and also support and representation
at the MRT hearing.
