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Visitor visas
Happily for tourism, which is a vital industry for Australia,
the issuing of visitor visas is facilitated by a global
computerised system which allows applicants and travel agents in many countries
to obtain an electronic visitor visa online. The visa doesn't appear in the visitor's passport but
its existence is communicated to all airlines travelling to
Australia and of course to all of the country's airports and
other points of entry.
Visitor visas may be issued for a single entry or for multiple entries during a specified period. Movement
within the country is unrestricted but employment, as for all
visitor visa holders, is strictly forbidden. On this point, the
authorities play hard. Any visitor caught working to earn a
little money to cover their travelling costs is unceremoniously
shown the door, often after a stay in an immigration
detention centre. Even work that is paid for overseas is
prohibited for visitor visa holders. Anyone wanting to visit
Australia for business reasons should request a special type of business visitor visa which allows
them to conduct business in Australia.
Visitor visas can be extended in Australia but that may affect re-entry rights.
Visitor visas are often refused on the basis of what are called "risk factors",
which are a type of crude profiling. The result is that people from certain
countries are subjected to much tougher demands for proof that they are not
intending to stay, such as evidence of continuing work or family commitments at
home. People with close family or community connections in Australia can
sometimes get approval for a sponsored visitor visa which usually involves the
payment of a substantial bond ($10,000 or more, sometimes as much as $100,000),
and a special condition is placed on the visa preventing the holder from
applying to stay longer. The bond money is confiscated if the visa holder does
not leave at the end of the visa period. If
the holder of a multiple entry visitor visa overstays the time allowed
in Australia on any one visit, the visa cannot be used for any further
entries to Australia.
Working holiday visas
The exception to the rule preventing visitors from working is
the working holiday visa. The Australian government restricts
these visas to citizens of territories with whom it has
special arrangements.
There are two types of working holiday visa. The first, known as subclass 417,
is available to citizens of the following countries: Belgium, Canada, Cyprus,
Denmark, Estonia, Finland, France, Germany, the Hong Kong SAR, Ireland, Italy,
Japan,
Malta, the Netherlands, Norway, South Korea, Sweden, Taiwan and the
United Kingdom.
Applicants must be under 31 years of age on the day they
apply, and must not have dependent children.
Certain restrictions apply to where the visa application can be lodged,
depending on the nationality and type of passport.
Subclass 417 visas are valid for one year from the date of
arrival in Australia. A person cannot be granted more than one subclass 417
visa unless the person has carried out seasonal work in regional Australia for
a total period of at least 3 months.
Holders can work in Australia providing they change employer
every six months.
The second type, known as a "Work and Holiday visa", or subclass 462,
is currently only available to citizens of Bangldesh, Chile, Indonesia,
Iran, Thailand, Turkey, Malaysia and the United States of America.. The
applicant may require a formal letter from his or her government
agreeing to the issue of the visa and must be under 31 years of age on
the day of application and have functional English and a certain level
of education. There is no prohibition on the applicant having dependent
children (although they would not be able to come to Australia with the
applicant).
Holders can work in Australia providing they change employer
every six months.
Subclass 462 visas can be renewed twice.
Student visas
It is Australian government policy to promote the export of
education services. Most institutions offer places to overseas
students at prices that compare favourably with Europe and North
America. Citizens of certain countries can change from a visitor
to a student visa while in Australia if they decide to enrol in a
course, while others have to return home and apply for their
student visa offshore.
Student visas allow the holder and his or her spouse or
partner to work in Australia. However, the student is limited to
twenty hours work per week while classes are in session, and as
for visitors this limitation is strictly enforced. Students may also have their
visa cancelled for failure to achieve satisfactory attendance or academic results.
Temporary residence visas
The demands of the global economy have forced the Australian
government to allow an increasing number of specialist workers to
take up employment in Australia for periods ranging from three
months to four years.
Specialist workers must be sponsored by an Australian or
foreign business and must work for their sponsor or get official
approval to change to a new one. Their spouses and partners
however can work without restrictions.
Visas are applied for in Australia or by internet if the sponsor is an
Australian business, but must be applied for overseas if the sponsor is a
foreign business.
The nominated occupation must be one on an approved list for temporary
residence, and the salary must equate to the market rate for the
nominated occupation. Sponsors must also undertake to comply with a
number of fairly strict obligations towards both the employee and the
Australian government.
Sponsors are monitored during the course of the visa to ensure that they are
complying with the employment requirements.
Permanent residence visas
The permanent migration program is divided into streams:
skilled, business, family and humanitarian.
The
skilled
stream
is based on a points system. Points are awarded for age, English
language ability, formal qualifications, work experience nomination by
a State or Territory government and various other minor qualifications.
If you achieve the pass mark (currently 65), you still have to satisfy
health and character criteria.
Occupation is the key to the points system. You must nominate and occuapation on one of the Skilled Occupations Lists (SOLs) and before lodging a
visa application you have to submit your qualifications and
experience to the relevant assessing authority for that
occupation in Australia. Unless you have completed relevant studies in Australia less than
six months before applying for the visa, you must have a minimum
of 12 months work experience in the past 24.
Points are awarded for your age at the date of application. Anyone under 18 or
over 49 is ineligible for skilled
migration to Australia under the points system.
Points for English language ability are based on the International
English Language Testing (IELTS) test. Applicants with passports from
Canada, Ireland, New Zealand, the UK or USA do not need to sit
for the test but will be given 0 points unless they do.
It is also possible for independent applicants who do not pass the test
for permanent residence to apply for "provisional residence" in certain
"regional or low growth" areas of the country. They must be sponsored
by a State or Territory agency and will need to live in that area for a
minimum of two years before being able to apply for permanent residence
under a sponsorship from an employer.
It is also possible for a skilled worker in Australia or
overseas to get a permanent visa on the basis of a sponsorship
from an employer. In metropolitan areas the nominated occupation must be on Employer Nomination Skilled Occupations List (ENSOL), paid at a minimum salary, and the applicant must either have
three years experience and a
positive assessment from a
relevant assessing authority, or have worked in the occupation in Australia for two years, one year with
the sponsor.
In regional areas any occupation requiring a diploma-level
qualification can be nominated. The nomination must be supported by an approved
regional development body.
A limited number of visas is reserved for applicants who can
show "distinguished talent" in the professional,
artistic or sporting fields.
The
business stream
is designed for successful business owners, investors or senior executives of
large enterprises. It previously worked on a points test system also. However,
from March 2003 most business visas will involve an initial period of two to
four years of "provisional residence", leading to permanent residence only if
certain conditions have been satisfied during that period.
Some applicants who are able to secure a sponsorship from an Australian State
or Territory government agency are still able to get permanent residence
immediately.
An age limit of 44 applies in all cases unless the application has State or
Territory support. Applicants must have substantial business assets and
successful track records either in business ownership, management of
investments or high level executive experience. The point of the provisional
period is to make sure that you really do what you said you were going to do --
set up a business or invest in government bonds. After the period expires (four
years for business owners and senior executives, two year for investors) you
have to show the government what you have done and, if
you make the grade in terms of investment levels, assets, turnover, and various
other criteria (including a minimum period of time actually spent in
Australia), you qualify for permanent residence.
The
family
stream
comprises several categories
based on family ties between the applicant and an Australian
resident. The principal ones cover partners (legal or de facto
spouses or same-sex partners), parents and dependent children.
Partner visas can be applied for in Australia or overseas. In
some cases even an illegal immigrant can obtain a partner visa
without having to leave the country. Normally there is a two year
wait between the date of application and grant of the permanent
visa, in order to ensure the genuineness of the relationship. During this time
you get a "provisional visa" which allows you to stay, work, and travel.
As a general rule, de facto and same-sex relationships are
recognised only after 12 months of prior cohabitation.
Parents must have half of their children residing permanently
in Australia, or more in Australia than in any other country. If
they apply within Australia, one of them must be old enough to qualify for an
age pension (either 65 - 67 for
a man or 62 - 65 for a woman, depending on date of birth). The number of
visas issued in this category every year is extremely limited,
and the waiting period is around 10 years or more, unless the sponsor is
willing and able to pay fees in excess of $35,000 for each parent to have the case expedited.
Children under 18 are considered to be dependent on both
parents. Where only one parent resides in Australia the other
must give permission for the child to migrate. Children aged over
17 are not considered dependent unless they are physically or
mentally handicapped, or they are full-time students, have never
been married and have never worked. Children aged over 24 can
only be considered dependent if they are handicapped.
Other categories in the family stream include last remaining
relatives, aged-dependent relatives, and a category of "carers",
being a person whose presence is required to assist a disabled or
seriously ill Australian resident.
The
humanitarian
stream
comprises refugee visas issued
in Australia or overseas and certain special programs designed
for specific international situations.
Further information
The dedicated net surfer will find a lot of information on the
Department of Immigration website. Employees at Australian Embassies overseas can be less
than helpful in some cases, but if you are lucky you might come
across a conscientious official who will try to assist you.
Otherwise, there exists in Australia a whole industry of
"migration agents" offering their services at rates
that range from the reasonable to the outrageous. You can find a
number of them using any international search engine. There is a
system of registration in place, but it must not be assumed that
registration guarantees quality. As a rule you would be well
advised to compare closely the claims made by competing agents
and choose the most obviously professional. Click
here
for more information about migration agents and lawyers.
Copyright © 2004-2011 Michael Jones ~ Solicitor. All rights reserved.
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