PERMANENT AND TEMPORARY VISAS
Many people wish to visit Australia whether to visit family and friends, to assist someone for a period of time, purely for tourism purposes or for other reasons. For their reasons we mentioned for visits, people usually apply anywhere between 6 weeks to 6 months with some exceptions of 12 months. People have the right to apply for a 12 month stay however, this is for applicants who have strong evidence about why they need or want to be in Australia for such a long period. Evidence is very important in proving you are genuine tourist with respect to the period of stay you are requesting. The Australian Embassy look at factors such as whether it would be logical for the period of stay you request and your reasons for staying match up. If you reasons can be attended to a short period of time than what you have requested the Australian embassy often believe that you have other intention than being a tourist. Even though you need evidence for your visit you need strong reasons to show you have ties back to your country whether it be work commitments, family commitments, assets or study commitments.
Work visas are for people who wish to work in Australia. Some people need to first apply for a temporary work visa in order to have a pathway to permanent residency. Others can meet the requirements to apply for permanent work visa straight away. In most cases, people apply for the temporary work visa as the sponsor (employer) do not want to risk being used or applicants leaving the job after they sponsored them for permanent residency. This is one way of securing that the applicant will work for them for a 3 to 4 year period before agreeing to sponsor them for permanent residency. If you are genuinely wanting to work in Australia, then the temporary work visa should not pose any issue. It is important to have a good CV, to know English (levels vary according to the occupation and visa type) It may be a little easier to find a sponsor in the regional areas as a lot of people find it too far for them to travel to those areas.
People who have their own company and wish to start a business in Australia is also possible. For these sort of visas you need to prove you success in running/owning the business as well as have a good turn around financially and assets. These sort of visas have a lot of paperwork involved and some a based on a points test. Very case is different.
These type of visas are for people who are either engaged, married, same sex or are in a de facto spouse relationship. We have come across a few people who are of the belief that fiance visas are assessed quicker than others and this is not true. They all fall under the same category and are assessed in lodgement date order and more emphasis is placed on whether all the documents and information are attached to the visa application. At this point in time the waiting period is about 13 months. This is not to say you have to stay in your country for 13 months and could apply for a tourist visa in the mean time. This is usually applied for after your health checks and interview stage has been completed. It is very important that you return to your country before a decision is made on your partner visa.
This visa is for children up to the age of 25 where one or both parents reside in Australia. In order to meet the requirements, some of them involve proving you are being financially supported by your parent or parents or other members of the family depending if orphan or not in Australia for food, clothes, shelter and study (everyday living expenses). This visa can also be for adopted children and orphans.
This visa is for parents who have majority of their children in Australia. It takes approxiamtely two years to be processed. There is a requirement that your children would need to pay approximately $40,000 per person to the government. There has a been a change in the law that people who have lodged an application for a parent visa and are waiting for the visa to be processed can make an application for a tourist visa that will be valid for approximately 3 years. The parents must only remain in Australia on the tourist visa for twelve months at a time and also spend some time back in their country in between visits.
This visa is for people who feel that their lives are at risk either due to ethnicity, religion, political status or another reason which causes their situation not be acceptable in the country they are living. These visas can be applied for whilst you are in your country or in Australia if you are already in Australia on another visa. Regardless of the fact that most situations can be evident through news and the media in general, you need to prove that you are personally affected by the situation in order to make an application for a refugee visa.
This sort of visa is for people who wish to study in Australia or continue studies in Australia especially courses that do not exist in their country. Some people desire to study in Australia because they believe they can achieve more in their home country upon completion of the course such as better chances of job prospects. This visa also opens the pathways to a working visa.
This visa is for those who participate in a sporting event for their country.
Distinguished Talent Visa
This visa is for people who have a talent in academia, sport or art. This sort of visa requires you to have an organisation to sponsor you to be a part of their team in Australia.
Special Program Visa
This visa is for people who wish to come to Australia to gain experience in a cultural way that will benefit them back in their country or enhance cultural aspects in their community such as working on the radio station or gaining work experience which will benefit them.
This is for people who wish to come to Australia and are singers, musicians, artists etc.
New Zealand Visa
This visa is for people who are New Zealand citizens who have partners that are Australian Citizens.
How to Become an Australian Citizen?
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.
This visa is for you if you have a permanent visa which is about to expire or has expired and would like to or need to leave Australia for brief period. This visa allows you to maintain your permanent resident status when returning to Australia. This visa must be applied for before leaving Australia.
Resident Return Visas
From the date of 1949, when the Australian citizenship laws were introduced, there have been many changes to the law. Therefore different laws apply to people depending on when they were born or when they started to reside in Australia. There are other ways of applying for citizenship apart from having a permanent resident status such as citizenship by descent or conferral. If you have migrated to Australia as a permanent resident lawfully prior to 1 July 2007 for a period of two years, you will be eligible to apply for citizenship. Please note that if you are making an application for citizenship before 30 June 2010, you must have been physically present in Australia for a total of two years in the five years before applying, including one year in the two years before applying. If you have migrated to Australia as a permanent resident lawfully after 1 July 2007 for a period of four years, you will be eligible to apply for citizenship immediately before applying including 12 months as a permanent resident and also absences from Australia of no longer than 12 months including ninety days within the 12 months before applying. Temporary residents may count towards the permanent resident period. There are also exemptions for certain circumstances when applying for citizenship if you are holding a permanent resident visa.
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 atisfy the resident requirement be likely to reside or continue to reside in Australia or maintain close and continuing association with Australia be of good character
General Eligibility Test for Citizenship
Australian Citizenship for New Zealand 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.
Visa Refusal and Migration Review Tribunal
People who obtain visa refusals should not think that it is the end and there are no further chances . They may have the right to review which means they can take the visa refusal to the Migration Review Tribunal to make an application to have the decision overturned. Unfortunately, sometimes the Department of Immigration & Citizenship (Australian Embassies) are of the opinion that visa applicants do not met the requirements for a visa such as not meeting the requirements of proving they are genuine tourists or students. If one of the requirements of the visa is to have a Sponsor and you receive a visa refusal, in most cases you can make an application to the Migration Review Tribunal to have the decision over turned. We have had cases where the Tribunal Member took our clients case as a priority and our client did not need to attend the hearing as the Tribunal Member was satisfied with the information and evidence we provided to make his decision which was a favourable decision. There are also cases where the Tribunal Member is satisfied that the visa refusal was the correct decision and in those types of cases people can either take it to a higher court or make n application directly to the Minister of Immigration to request for the decision to be over turned.