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Australia - don't forget your visa

The information on this page is current at 1 September 2007

The Australian immigration system is non-discriminatory: it treats everyone with equal toughness. Anyone except a New Zealand citizen wishing to enter the island continent has to get a visa before starting on their journey. Even New Zealanders, our closest cousins, can be refused entry on health or character grounds.

The list of Australian visa classes and subclasses reads like the menu in a New York delicatessen. They mostly fall into the following categories: visitors, students, working holiday makers, temporary residents, provisional business visa holders and permanent residents.

The visa classes discussed below are only the most popular in the different categories. For more detailed information you should approach an Australian diplomatic post or contact a specialist Australian immigration lawyer .

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 travel agents in many countries to communicate directly with the Australian Embassy and obtain an Electronic Travel Authority (ETA) by email within a matter of minutes. 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. People of certain nationalities can even apply online .

The ETA allows the holder to enter Australia on multiple occasions during the course of a year or for the life of their passport, and to stay for up to three months each time. 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 night or three 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 tell the Australian Embassy or their travel agent and request a special type of business visitor visa or ETA which allows them to conduct business in Australia.

Visitor visas can be extended but anyone intending to stay more than three months is advised to apply for a long-term visitor visa (usually up to six months) before starting out.

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 $50,000), 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.

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 a satisfactory academic result.

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 Chile, 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).

Subclass 462 visas can be renewed twice. However, the holder cannot apply for any other type of visa while in Australia except a protection visa.

Holders can work in Australia providing they change employer every six months.

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 be at least the minimum salary gazetted by the government from time to time. 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.

From 1 September 2007, a new temporary visa known as the Skilled - Provisional class has been introduced to facilitate entry to Australia of recent graduates of certain institutions in certain disciplines. The applicant must be a recent graduate (2 years) from a gazetted institution in a gazetted discipline, have the required standard of English and be under 31 or, with a regional sponsorship, under 45. The visas are valid for 18 months and holders may be able to apply for permanent residence while they are in Australia.

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 occupation, age, English language ability, sponsorship from a relative in Australia, knowledge of another language and various other minor qualifications. If you achieve the pass mark (currently 120 points for independent applicants, and 100 for applicants with family sponsors), you still have to satisfy health and character criteria.

Occupation is the key to the points system. Before lodging a visa application you have to submit your qualifications and experience to the relevant assessing authority for that occupation in Australia. On the basis of the assessment obtained from that body you will receive the points awarded to that occupation in the official Skilled Occupations List (SOL) . There are three possibilities: 60, 50 or 40 points. But this official list contains a number of surprises. Most environmental professionals are excluded, for example. Other oddities include the 60 points awarded to picture framers and piano tuners compared to the 40 points given to many technicians in the high technology sector.

Unless you have completed your 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 for English language ability are either 25 or 15. Without at least 15 points for English a candidate must be rejected. Native speakers who are passport holders of Canada, Ireland, New Zealand, UK or USA automatically qualify for 15 points. Anyone else needs to sit for an English language test called IELTS . Most applicants need to score a minimum of 6.0 on each of the four parts of the test, although if your nominated skilled occupation is in the trades group ( ASCO Major Group 4), you only need a minimum of 5.0. All applicants wishing to claim 25 points (including native English speakers) must sit for the test and score a minimum of 7.0 on each of the four parts.

Points are awarded for your age at the date of application. Anyone under 18 or over 44 is ineligible for skilled migration to Australia under the points system.

It is also possible for independent applicants who would score only 100 on the points test 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 a gazetted list, 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 for a man or around 62 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 well in excess of five years, unless the sponsor is willing and able to pay fees in excess of $25,000 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 , although it is not particularly well organised. 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 © 2004-2007 Michael Jones ~ Solicitor. All rights reserved.

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