VARIOUS VISA OPTIONS
 
Australia's visa system is designed to provide specific visas fitting specific situations and as such a huge range of various visa options exist which is both complicated and possibly intimidating.

To describe each visa subclass in detail here would only confuse the reader and as such, we would like to obtain as much information from you on our [assessment form] as well as an indication of what your intentions are in order to best advise and guide you.

Following is an overview of the general categories of visas, some of which may include permanent as well as temporary residence subclasses:

SHORT STAY VISAS
Short stay visas include HOLIDAY visas, ELECTRONIC TRAVEL AUTHORITIES (ETA's) for selected passport-holders, SHORT STAY BUSINESS visas, WORKING HOLIDAY and WORK & HOLIDAY visas, also available to passport-holders of countries which have the working holiday arrangements with Australia.

STUDENTS
Study visas are available to individuals wanting to reside in Australia for the purpose of study. This can include, amongst others, PRIMARY or SECONDARY schooling, OCCUPATIONAL TRAINING, HIGHER EDUCATION and POST-GRADUATE RESEARCH.

PARTNER MIGRATION
Partner migration allows for the grant of a visa permitting legally married partners, de facto partners, fiance's and interdependent partners (including those in same-sex relationships) of Australian citizens, Australian permanent residents and "Eligible New Zealand Citizens" to enter and/or remain permanently in Australia.

Most of these visas will initially be Temporary Residence requiring an eligibility period before Permanent Residence is considered. In some cases, subject to specific conditions, immediate permanent residence is granted.

CHILD MIGRATION (Child and Orphaned Relatives) |
Child visas include natural, adopted or step-child/ren of an Australian citizen, Australian permanent resident or "Eligible New Zealand citizen". The child must be under 25, but if aged 18 or over, must be a full-time student and dependent on their sponsoring parent. The only exception to the age limit and full-time student requirement is where the child has a disability which stops them from being able to work.

Orphaned Relative is a child under the age of 18 and who has no parent to care for them. Their parents are either deceased, physically or mentally incapacitated or their whereabouts are unknown. They must be sponsored by a relative who is an Australian citizen or an Australian permanent resident (settled for at least 2 years) or an "Eligible New Zealand citizen". The relative must be either the child's brother or sister, grandparent, aunt or uncle, or niece or nephew (or step equivalents).

PARENT MIGRATION

There are 2 categories of parent visas:

  • The Parent category;and
  • The Contributory Parent category

These 2 categories provide eligible parents of settled Australian citizens, settled Australian permanent residents or settled "Eligible New Zealand citizens" with the choice of 3 migration pathways to Australia. Depending on their circumstances, applicants may apply for an offshore on onshore visa.

The parent category is a direct pathway to permanent residence

The contributory parent category has the option of either a one or two visa pathway to permanent residence.

Contributory parent category visas have a substantially higher second instalment of the visa application charge (2nd VAC) for each adult and a higher Assurance of Support (AoS) bond and longer AoS period so as to make a higher contribution towards their future health and welfare costs.

Applicants can elect to apply either:

  • Directly for permanent residence and, just before visa grant, comply with the AoS requirement and pay the 2nd VAC; or
  • Apply initially for a 2 year temporary contributory parent category visa and pay a portion of the entire 2nd VAC. Before the temporary visa expires, applicants must apply for the corresponding permanent contributory parent category visa.

Under either the parent category or the contributory parent category, applicants are required to meet the Balance of Family (BoF) test. This takes into consideration the number of children the applicant (or couple) has and the number of children of the applicant (or couple), residing permanently in Australia.

Because of the number of visa places available the parent categories per program year and the fact that only a number of applicants can afford the contribution, parent category applications are being processed in a period exceeding 10 years, whereas contributory parent category applications are taking 2-3 years to be finalised.


OTHER FAMILY (Aged Dependent Relative, Remaining Relative or Carer)

For each of the following, the relative in Australia must be either an Australian citizen, Australian permanent resident or an "Eligible New Zealand citizen". Either the relative or their spouse must sponsor you. The sponsor must be over the age of 18 years.

Aged Dependent Relative is a single, widowed, divorced or formally separated aged person who is dependent on a relative who lives in Australia. You must be dependent on your relative for at least 3 years before you can apply.

Remaining Relative is a brother, sister or child (or step equivalent) of a person residing in Australia. You must have no near relatives other than those who are usually permanently resident in Australia.

A Carer is a person willing and able to give substantial, continuing assistance to an Australian relative (or a member of their family unit) who has a medical condition that is causing physical, intellectual or sensory impairment of their ability to attend to the practical aspects of daily life. The need for assistance must be likely to continue for at least 2 years.

A carer is given processing priority over a remaining relative and aged dependent relative.

EMPLOYER SPONSORED MIGRATION (Employer Nomination Scheme(ENS), Regional Sponsored Migration Scheme(RSMS), Labour Agreements(LA))

Employer Nomination Scheme (ENS) allows Australian employers to fill highly skilled positions in Australia with a non-Australian citizen or resident. The ENS enables Australian employers to recruit, on a permanent basis, highly skilled staff from overseas or temporary residents currently in Australia, when the employer has been unable to fill a vacancy from within the Australian labour market.

The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia to fill skilled positions that they are unable to fill from the local labour market. Any employer can participate in the scheme as long as their business and the position being filled is in an area covered under the RSMS. All areas of Australia are covered except Brisbane, the Gold Coast, Sydney, Newcastle, Wollongong, Melbourne and Perth. Under the RSMS, employers are able to nominate staff from overseas or temporary residents currently in Australia to fill full-time, permanent vacancies.

Labour Agreements (LA) cover both permanent and temporary visa subclasses. A Labour Agreement is a formal arrangement negotiated between the department of Immigration and DEEWR (Department of Employment, Education and Workplace Relations), and an employer or industrial association. Labour Agreements enable Australian employers to recruit a specified number of workers from overseas in response to identified or merging skill shortages in the Australian labour market.

GENERAL SKILLED MIGRATION

General Skilled Migration (GSM) takes into consideration various subclasses of both a permanent or temporary nature and depends on variety of individual aspects. It is in this group that in-depth assessments are required in order to make the correct choice of visa and one that suits the client as well as their family's needs and situations.

Generally, you must be under 45 years of age when you apply, highly skilled, hold a post-secondary qualification (unless, in some cases, you can demonstrate you have extensive, highly specialised skilled work experience in a 60 point occupation) and have good English. As these are points tested visas, you will also need to have sufficient skills points to reach the pass mark.

Having close relatives permanently resident in Australia can mean that a lower pass mark will apply to you.

Temporary visas are available, depending on your occupation and other determining factors, for persons who are not able to meet the main pass marks.

NOTE: Please complete the [online assessment application] to assist us in providing you with a thorough assessment of your options even if you think that the criteria is too stringent and does not apply to you. In many cases, work experience is considered in lieu of formal education.

BUSINESS SKILLS

The aim of the Business Skills Category is to attract people with a demonstrated record of business or investment activity who are committed to using their business and/or investment skills in Australia.

The majority of business skills entrants will enter Australia initially on a provisional (temporary) visa for 4 years and, after satisfactory evidence of a specified level of business or investment activity, may apply for permanent residence. The pathway to permanent residence is designed to give clarity and certainty to provisional business migrants and relies upon the establishment and management of genuine business activity in Australia.

There is also provision for high calibre business migrants to obtain up-front direct permanent residence in the Business Talent visa category if they have high level business attributes an are sponsored by a state or territory.

INVESTOR RETIREMENT


This visa is designed for self-funded retirees aged 55 years or older who have no dependants (other than a spouse who can be any age), and who want to reside in Australia during their retirement years. The visa is temporary and will not lead to Australian permanent residence or citizenship.

This visa allows you to work up to 20 hours per week, travel in and out of Australia any number of times as long as the visa is valid, live in Australia for 4 years and have your spouse accompany you.

There is an option to apply for further Investor retirement visas which will allow you to stay for a further four years, however you will need to meet the requirements to be granted a subsequent visa. As long as you continue to satisfy the visa requirements you can keep applying for subsequent Investor Retirement visas.

SPECIAL MIGRATION (Distinguished Talent, Former Resident)

Distinguished Talent applicants must have an internationally recognised record of exceptional and outstanding achievement and still be prominent in a profession, the arts, sport, or research and academia, be an asset to the Australian community and have no difficulty in obtaining employment or in becoming established independently in Australia in a profession, the arts, sport or research and academia.

If you are aged under 18 or over 55 years of age, you must, in addition to meeting the above criteria, provide evidence that you would be of exceptional benefit to the Australian community in the future. You must be nominated by an Australian organisation, an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.

A Former Resident is a former Australian permanent resident either having spent at least 9 of your first 18 years in Australia and wish to resettle in Australia; or you have at any time prior to 19 January 1981 completed 3 months service in the Australian Armed Forces.

An "Eligible New Zealand Citizen" is a person who held a Special Category visa (SCV) on 26 February 2001; or held a SCV for at least one year in the 2 years preceding that date; or has a certificate, issued under the Social Security Act 1991, that states that the New Zealand citizen was, for the purposes of the Act, residing in Australia on a particular date. Applications for these certificates closed on 26 February 2004.

In order for an Eligible New Zealand citizen to be a sponsor, they must meet health and character requirements. The case officer processing the application will advise whether health and/or character checks will need to be undertaken.