Australia Visa Migration Services
PERMANENT and TEMPORARY VISAS
citizenships
Australia Visa Migration Services
Welcome to Stojanovic & Associates. I am Danijela Stojanovic. My team and I are standing by to assist you with your Visa Applications. With my background in Law and as a registered Migration Agent, I can help you navigate the complexities of the visa migration system.
Clients come to us because they feel confused and overwhelmed with trying to understand which Visa to apply for and how to best prepare their Visa Application. Stojanovic & Associates have assisted hundreds of clients over the past years.
There are a lot of different reasons why you might wish to come to Australia, some of which we have highlighted on this page. Each Visa has its own specific criteria that must be met and Stojanovic & Associates can help to assist you in taking the confusion out of navigating this complicated system.
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registered migration agent
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experienced in assisitng clients with visas
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BACHELOR OF LAW
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GRADUATE DIPLOMA IN IMMIGRATION LAW AND PRACTICE
about - Australia Visa Migration Services
Navigating the visa application process can be complex and overwhelming. As a leading visa migration agent in Melbourne, we offer professional support to ensure your application is successful. Whether you are applying for a student visa, skilled migration, or family reunification, our team is here to guide you every step of the way.
Tourist Visa
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Tourist Visa
A Tourist Visa would apply if you would like to have a vacation in Australia or visit family in Australia. You would then need to apply for a Visitor Visa. You will be required to state:
- The reason for your visit
- The length of your intended stay
- The type of passport you hold
These factors determine what type of visitor visa you can apply for.
The four types of visas are:
- ETA (Electronic Travel Authority visa - subclass 601)
- E-Visitor - (subclass 651)
- Visitor Visa - (subclass 600 - (tourist stream)
- Visitor Visa (family-sponsored stream).
- Business visitor stream (If you intend to conduct a business activity within Australia)
The main requirement for obtaining a visitor visa is proving you genuinely intend to stay for the specified period requested and then depart. You must also prove you have strong ties to your home country and are committed to returning.
Work Visa
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Work Visa
There are 11 types of work visas of which only 3 types of work visas are employer-sponsored.
- Temporary Work Visa – Temporary (482)
- Skilled Employer Sponsored Regional (Provisional) Visa (494)
- Employer Nomination Scheme – Permanent (186) (Transition Stream and Direct Entry Stream).
Work visas are for people who wish to work in Australia. There are two ways to go about it.
- Some people first need to apply for a temporary work visa and then eventually have a pathway to permanent residency.
- Others can meet the required eligibility to apply for a permanent work visa straight away.
As the sponsor (employer) does not want to be used and then have the applicant leave the job after the sponsor application approval, most people apply for a temporary visa first. In other words, the employer wants assurances that the applicant will work for at least 2-4 years before agreeing to sponsor them for permanent residence.
A temporary work visa is usually applied for because an employer has a genuine need to fill a position that they could not fill locally and you have the skills they require for the job. It is vital to have a good CV and to know English according to the occupation requirements and visa type. There may be more job opportunities in regional than metropolitan areas.
The permanent residence employer-sponsored work visa has two streams or pathways for which you can apply for. First, you the Transition Stream and people who can apply for this are those that hold a subclass 482 for a minimum period of two years or Direct Entry stream if you hold another visa that allows you to apply for permanent residence.
Most of the other work Visas you can apply for have requirements that need to be met and are in relation to our Skills Assessment Services.
Business/INvestor Visa
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Business/Investor Visa
A Business/Investor Visa would apply to any Business Owners wanting to start a business or purchase an existing business here in Australia, who may then be eligible for a Business Visa.
This visa is assessed on a points-based system where you accumulate points over various categories such as:
- Qualifications,
- English levels,
- Value of assets,
- Annual turnover,
- Ownership of a business,
You also need to be nominated by a State of Australia and each State has its own requirements that need to be satisfied in addition to the points test.
An investor visa applies to any investor that intends to invest in Australia.
partner Visa
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Partner Visa
This visa would apply to those who are married or in a De Facto relationship with an eligible New Zealand Citizen, Australian Permanent Resident or Australian Citizenship.
There are requirements that need to be met and this is probably one of the visas that require the most paperwork in proving the legitimacy of the relationship.
This visa can be applied whilst you are in Australia as long as your visa at the time allows this or whilst you are outside Australia.
Marriage Prospective Visa
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Marriage Prospective Visa
This visa is for those who are planning to marry or become engaged to an Australian Citizen or permanent resident.
The requirements that need to be met are similar to the partner visa. Once the visa is granted, you have 9 months to marry in Australia and lodge a partner visa on marriage grounds.
Please note: Issues can arise when people do not read the visa grant notice correctly and think that the 9 months is counted from the date they arrive, but is in fact from the date of the granted visa.
Child Visa
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Child Visa
You can qualify for a Child Visa up to the age of 25 to reside in Australia if one or both of your parents reside in Australia, and hold either an Australian Permanent Residence or Australian Citizenship.
Important factors are:
If a child is 18 years or older, they must be single and either:
- A full-time student between 18 & 23 years old and financially dependent on the sponsoring parent
- Unable to work due to a disability between 23-25
To apply for a Child Visa (Permanent - Subclass 802), a child must be:
- In Australia when making the visa application
- Sponsored by their parent or their parent’s partner
To apply for a Child Visa (Permanent - Subclass 101) the child must be:
- Outside Australia when applying for the visa
- Sponsored by their parent or their parent’s partner.
There are additional requirements that must be met for adopted children.
Parent Visa
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Parent Visa
There are various types of Parent Visas to suit different circumstances.
Such as:
- Contributory Parent Visas,
- Parent Visas,
- Aged Parent Visa.
The requirements for each Visa are very similar with the main factor being that:
A. You have more children in Australia than outside of Australia
B. You have an equal number of children in Australia as outside Australia.
This is known as the family balance test. Without this test being satisfied your adult child will not be eligible to sponsor you.
Determining which parent visa to apply for will depend on your personal circumstances:
- Financial capabilities to pay the application fee
- Whether you are onshore or offshore
- How long are you prepared to wait for processing times
- Whether you are a pensioner
A Sponsored Parent (Temporary Visa) is the only visa that does not require you to meet the family balance test, but rather the adult child who is sponsoring you needs to show that they have an annual income of AU$83,454.80 or greater. If your adult child does not earn this sort of income but does earn a minimum of AU$ 41,727.40, then your adult child’s spouse or other children you have in Australia can show the remaining $41,727.40.
Refugee Visa
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Refugee Visa
A Refugee Visa is for people who feel they are not safe in their own country due to ethnicity, race, political opinion, religion or any other reason which can put them under threat and create a situation of non-acceptance in their country.
This category of visa can be applied while you are in your country or in Australia. Despite the fact that most evidence of the situation you might be in is in the media and news, you still need to provide evidence to prove how are you personally affected by the situation in order to seek a Refugee Visa.
In some cases, if you are holding an Australian Refugee Visa, you can be permitted to work or study while your visa is active.
The Refugee Visa allows for up to 3 years of temporary residence. After 3 years your case can be reassessed to see if you qualify for PPV (Permanent Protection Visa) or to reapply for the same temporary visa.
You can also apply for a permanent residency visa if you are onshore in (Australia).
Please note: There are no set processing times and it can take years before you are assessed.
Student Visa
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Student Visa
The Student Visa is for applicants who wish to study in Australia or continue studies in Australia, specifically if the courses they wish to study do not exist in their own countries.
Some people prefer to study in Australia because they believe that the education they receive here can help them achieve more when they return to their home country. Completion of such courses can also offer a better chance of job prospects that they otherwise might not have had.
This type of visa may also open pathways to other Australian Visas so long as you can meet the requirements of the next visa.
To meet the criteria of a Student Visa you must:
- Be enrolled in a course and be able to prove this.
- Have adequate health insurance.
- Have enough money to live and stay
- Prove that you have welfare arrangements if under the age of 18
One of the most common reasons a Student Visa might get rejected is a lack of funds or inability to sufficiently prove you are here to study.
Temporary Activity Visa
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Temporary Activity Visa
A Temporary Activity Visa allows you to come to Australia to perform specific duties for a short period of time, for up to a maximum period of two years. You must be from one of the following professions but not limited to:
- Religious Worker
- A Sports Person
- To assist with special programs such as cultural enrichment
- A Researcher (to observe or participate)
- An Entertainer
Basic eligibility is contingent on:
- Having the skills to undertake the activity to be carried out in Australia
- Being supported or sponsored
- Meeting additional requirements of the relevant stream
- You must be able to show that you have sufficient funds to cover your expenses while in Australia
Please note: this is not a full list there may be other factors at the time you apply.
Distinguished Talent Visa
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Distinguished Talent Visa
The Distinguished Talent Visa is a Permanent Resident Visa. It is for people who have exceptional talent that could benefit Australia.
If you can demonstrate a proven track record of exceptional talent that has been recognised on an international scale in:
- Academia
- Research
- Sport
- Art
- A Profession
Then this would be the visa for you.
To qualify you will need to provide evidence of your international standing. This visa requires that you have a sponsor nominate you via their organisation.
Should you be successfully approved for a Distinguished Talent Visa you would be allowed to stay in Australia permanently, even work or study.
You would be entitled to medicare and travel to and from Australia and bring your family with you.
VISA REFUSAL
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VISA REFUSAL
Visa Refusal and Migration Review Tribunal
Visa Applicants who get visa refusals should not feel discouraged as there are further pathways in the process, such as possibly having the chance to have your application reviewed by the Tribunal. Not all visa refusals have this pathway but most sponsored visas do. Unfortunately, sometimes the Department of Home Affairs is not satisfied that the applicants have met the requirements. The decision record will outline their concerns and this should be used as a guide when lodging an application at the Tribunal in addition to following the laws and regulations relating to the particular visa being refused.
At times, the Tribunal Member may not require a hearing to make a positive decision however, most of the time does require a hearing to be conducted before they make a decision.
At times, your case can also be prioritised for a hearing date if you can prove compelling and compassionate grounds as to why this should occur.
AUSTRALIAN CITIZENSHIP
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AUSTRALIAN CITIZENSHIP
How do I become an Australian Citizen?
Since 1949 when the Australian Citizenship Laws were made, there have been many changes to these laws. This is why different laws apply to different individuals depending on when they were born, or when they first came to Australia.
There are various ways of applying for Australian Citizenship, such as having a permanent resident status, such as citizenship by descent or conferral.
Australian citizenship can be obtained in various ways.
- Citizenship by Decent – if you were born overseas and at the time you had an Australian Citizen parent, you may be eligible for Australian Citizenship by Decent
- Citizenship by Conferral – this pathway way is how most people obtain citizenship. If you have been in Australia for a period of 4 years holding permanent residence of 3 years temporary and 1 year permanent, you may be eligible for this pathway. This pathway usually requires you to sit a citizenship test and we can assist you and explain the process. Some people may not need to sit the test as some limited exemptions apply.
- If you are a New Zealand citizen who has been in Australia prior to 2001, you also may be eligible to apply for citizenship.
Important
Once you have been granted your permanent visa it is very important that you ensure you do not lose it. The reason for this is permanent visas can be cancelled, they can expire or a permanent visa can be issued and replace the old one.
General Eligibility Test for Citizenship
From 1 October 2007, people who satisfy the general eligibility criteria are required to pass a test before applying for citizenship. People who apply must have:
- Passed a test
- Be aged 18 years or over at the time the application was made
- Be a permanent resident at the time the application was made and at the time of the decision satisfy the residency requirement to be likely to reside or continue to reside in Australia
- Maintain close and continuing association with Australia
- Be of good character.
Australian Citizenship for New Zealanders Living in Australian
Since 1973, the Trans-Tasman Travel Arrangement has allowed Australian and New Zealand citizens to live and work in each other’s country without restrictions. On arrival in Australia, most New Zealanders are automatically granted a Special Category Visa. This visa allows the holder to remain and work in Australia indefinitely. However, not all New Zealand citizens living in Australia are eligible to apply for Australian Citizenship if they arrived in Australia after 26 February 2001.
New Zealand Visa
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New Zealand Visa
New Zealanders and Australians have been hopping across to each other shores for many years, but it wasn't until 1994 that it became a requirement that New Zealanders apply for a visa upon arrival to Australia. Once in Australia, a New Zealander can stay indefinitely. The Trans-Tasman Travel Arrangement is the only one that exists between the two countries.
If you are:
A New Zealand Citizen wishing to apply for Australian Permanent Residence.
New Zealand citizens can live in Australia indefinitely however they are not Australian Permanent Residents and may miss out on some benefits that are otherwise available to Australian Citizens and Australian Permanent Residents.
If a New Zealand citizen would like Australian Permanent Residence, they need to meet the requirements for a particular visa subclass.
Skilled Independent Visa (New Zealand Stream) (Subclass 189) is a permanent residence visa that is specifically for New Zealand citizens and was introduced in 2016.
As long as the Main Applicant (one of the members of the family unit) can meet the requirements, the rest of the members of the family unit are included in the application as secondary applicants (requirements must be met).
If the New Zealand citizen does not meet the requirements, they may be eligible for another visa option that offers a pathway to permanent residence.
Unlawful Citizens
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unlawful Citizen
Are you living in Australia without a valid visa?
Should it be discovered that you are continuing to live in Australia without a valid visa you could be detained and sent home. This could also affect your eligibility for Australian Citizenship. It is better to act sooner rather than later if you would like to legally stay in Australia.
A person or persons might become an unlawful citizen if their visa is refused or cancelled or the visa expired. This then puts you in a position where you can be detained by immigration and deported.
At Stojanovic & Associates, we can assist Unlawful Citizens wanting to legalise their status.
MINISTERIAL INTERVENTION
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Ministerial Intervention
Ministerial Intervention is a process whereby the Minister for Immigration can intervene in your case when the Minister thinks it is in the public interest to do so.
We can assist people who have special circumstances to request the Minister to allow them to stay if they have had a visa refusal and tribunal refusal.
At Stojanovic & Associates, We have had sucesswith the minister intervening and granting visas.
LGBTQ
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LGBQT
Partner visa for same-sex couples.
Australian Migration Law states you may be eligible for a same-sex partner visa if you are in a De Facto relationship or in a same-sex marriage with an Australian Citizen, Australian permanent resident or eligible New Zealand citizen.
Same-sex couples can apply for other visas as well as partner visas.
If you have an Australian partner we can assist you with your partner visa. If your partner is not in Australia and you would like to come together there are other visas such as work visas.
Resident Return Visas
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RESIDENT RETURN VISA
The Resident Return Visa (subclasses 155 and 157) is for current or former Australian permanent residents
and former Australian citizens who want to travel overseas and retain their permanent resident status.
- An Australian permanent resident;
- A former Australian permanent resident whose last permanent visa was not cancelled;
- A former Australian citizen who lost or renounced your citizenship.
This visa can only be applied for if you have a permanent visa that is about to expire or has already expired and you would like to or need to leave Australia for a short period. This visa helps you maintain your Permanent Residency status while returning to Australia. You will need to show ties to Australia when applying for the Resident Return Visa.
Please note: There are people that have had permanent residency for up to 40 years that have expired, but have managed to renew their residency
New Zealanders
joining family in Australia
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New Zealanders joining parents in Australia
New Zealand Citizen Family Relationship Visa (Subclass 461)**NEW**
This visa is for individuals who are a part of the family member unit of a New Zealand Citizen and they reside in Australia under the Subclass 444 visa. You will need to prove your relationship with the New Zealand Citizen and your visa is valid for approximately a 5-year period.
UPDATE** New Zealanders
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New Zealanders - Update
From 1 July 2023, New Zealanders will be able to apply for Australian citizenship whilst holding the Subclass 444 visa.