PERMANENT AND TEMPORARY VISAS
If you would like to have your vacation in Australia or visit family in Australia, then you should be applying for a Visitor Visa. The reason for your visit, the length of stay and the passport you hold, determines what type of visitor visa you can apply for. The four types of visas are ETA, E-Visitor Visa, Visitor Visa (tourist stream) and visitor visa (family sponsored stream). 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.
There are three types of working visas that 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 temporary work visa and then eventually have a pathway to permanent residency. Others can meet the required eligibility to apply for permanent work visa straight away.
Most people apply for a temporary visa as the sponsor (employer) does not want to be used and then the applicant leaves the job after sponsor application approval. In other words, the employer wants assurance that the applicant will work for 3-4 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 then the metropolitan areas.
The permanent residence employer sponsored work visa has two streams or pathways in 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 three years or Direct Entry stream if you hold another visa that allows you to apply for the permanent residence.
Business Owners wanting to start a business in or purchase an existing business may be eligible for the 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 business, etc You also need to be nominated by a State of Australia and each State has their own requirements that need to be satisfied in addition to the points test.
This visa is for those who are married or in a De Facto relationship with an eligible New Zealand Citizen, Australian Permanent Resident or Australian Citizen. This applies to same sex couples which has been streamlined to be part of the partner visa program. There are requirements that need to be met and this probably one of the visas that require the most paperwork in proving genuineness of the relationship. This visa can be applied whilst in Australia as along as your visa at the time allows this or whilst you are outside Australia.
Marriage Prospective Visa
This visa is for those who are engaged to be married. The requirements that need to be met are pretty much the same as for the partner visa. Once the visa is granted, you have 9 months to marry in Australia and lodge a partner visa on marriage grounds form the date of grant of the visa NOT from when you arrive in Australia. This is where some people over site and do not read the visa grant notice correctly and think 9 months is counted from the date they arrive.
A child is eligible up to the age of 25 where one or both parents reside in Australia and hold either Australian permanent residence or Australian citizenship. IN order for the child to be eligible apart form the important factor of their age is also that they are continuously studying, not working and are not in a relationship.
There are various types of parent visa to suit different circumstances. Such as Contributory parent visas, parent visas, aged parent visa. The requirements are very similar with the main factor being that you have more children in Australia than outside of Australia or the equal number of children in Australia as outside Australia. This is known as the family balance test. Without out this test being satisfied your child is not eligible to sponsor you.
To determine which parent visa to apply for will depend on your personal circumstances:
1. Financial capabilities to pay the application fee
2. Whether you are onshore or offshore
3. How long are you prepared to wait for processing times
4. Are you of pension age.
sponsored parent (temporary visa)
Sponsored Parent (Temporary Visa) is the only visa that does not require you to meet the family balance test but rather your child who is sponsoring you needs to show that they have an annual income of $83,454.80 AUD or greater. If your child does not earn this sort of income, but earns a minimum of $41,727.40 AUD, your child’s spouse or other children you have in Australia can show the remaining $41,727.40.
This visa is for people who feel they are not safe in their country due to ethnicity, race, political opinion, religion or any other reason which can put them in 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 is on media and news you still need to provide evidence and prove how are you personally affected by the situation in order to seek a refugee visa.
The student visa is for applicants 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 type of visa may also open pathways to other Australian visa so long as you can meet requirements of the next visa.
Temporary Activity Visa
This visa allows you to come to Australia to perform specific duties for a short period of time to a maximum period of two years. You must be from one of the following professions but not limited to:
- Religious worker
- Sports person
- To assist with special programs such as cultural enrichment
- Researcher (to observe or participate)
Distinguished Talent Visa
This is a permanent resident visa is for people who have exceptional talent that could benefit Australia. If you are of exceptional talent and recognised on an international scale in academia, research, sport or art, then this visa is for you. You will need to provide evidence of your international standing. This visa requires that you have a sponsor to nominate you through their organisation.
New Zealand Visa
New Zealand Citizen Family Relationship Visa (Subclass 461) NEW
This visa is for individuals who are apart 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.
New Zealand Citizens obtaining Australian Permanent Residence.
New Zealand citizens can live in Australia indefinitely however they are not an Australian Permanent Resident and may miss out on some benefits that are otherwise available to Australian Citizens and Australian Permanent Residence.
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 member of the family unit) can meet the requirements, the rest of the members of the family unit are including in the application as secondary applicants (requirements must be met).
If the New Zealand citizen does not meet the requirements, thy may be eligible for another visa option that offers a pathway to permanent residence.
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 can only be applied for if you have permanent visa which is about to expire or has already expired and you would like to or in 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.
Resident Return Visas
From the date of 1949, when the Australian citizenship laws were made, there have been many changes to the law. Hence, different laws apply on different individual depending on when they were born or when they first came to Australia. There are various ways of applying for citizenship apart from having a permanent resident status such as citizenship by descent or conferral. If you have come to Australia as a permanent resident lawfully prior to 1 July 2007 for a span of two years, you are eligible to apply for citizenship. Keep in mind that if you are making an lodgement for citizenship before 30 June 2010, you should be 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 come 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
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 are 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.