We provide expert advice on Australian Visas with the help of Registered Migration Agent for Australia
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To live in Australia you must have a valid Australian visa. Your visa might also let you work, study or visit for a short time or several years.
There are numerous pathways to immigration and choosing the right one according to individual circumstances is highly critical to the success of your application.
Lakshya Migration can assess your individual circumstances and with our expertise we can help and advise you on choosing the right path for Migrating to Australia.
Following are four main visa streams under which Australia grants Permanent Residency:
Further, under these streams, there are several different options available and choosing the right one for your is an expertise job. You can sit back and relax while we work for you regarding your visa options.
An Australian permanent resident (permanent resident) is the name given to a non-citizen who is the holder of a permanent visa. A permanent resident can live, work and study without restriction in Australia.
A permanent resident has most of the rights and entitlements of a citizen, however there are differences:
- A citizen has an automatic right of entry to Australia, however if a permanent resident chooses to travel internationally, they need to ensure they have a permanent visa with a valid travel authority if they wish to return to Australia as a permanent resident.
- A citizen can vote in Australian Government elections. In most cases permanent residents cannot, however if a permanent resident was enrolled to vote (as a British subject) prior to 1984, they may remain eligible to vote.
Eligibility for Australian government services and benefits, for both citizens and non-citizens, is the responsibility of the government agency with policy responsibility for the service or benefit.
Becoming a citizen represents a commitment to Australia and its people. It gives a sense of belonging because you can fully participate in all aspects of Australian life.
Australian citizenship is an important step in your migration story. Becoming an Australian citizen means that you are making an ongoing commitment to Australia and all that this country stands for. It is also the beginning of your formal membership of the Australian community. It is the step that will enable you to say ‘I am Australian’.
Australian citizenship is a privilege that offers enormous rewards. By becoming an Australian citizen, you are joining a unique national community. Australia, as a country, has been built on the combined contributions of our Indigenous people and those who came later from all over the world. Australiacelebrate this diversity and at the same time, strive for a unified and harmonious nation.
The strength of the Australian community means to work together to solve problems and to make Australia the great country that it is. Australia has a stable system of government and Australians respect the authority and laws of the government. Our stability, our culture and our laws have been shaped by our history. By joining the Australian community, you will inherit this history and you will be in a position to contribute to it.
The Student visa program allows persons from foreign countries to temporarily live and study in Australia. The policy objectives of the Student visa program are to:
- strengthen Australia’s economic, social and cultural interests through the development and implementation of highly effective temporary entry polices for visas issued primarily for study purposes;
- promote goodwill and an international understanding of Australia, which are crucial assets for Australia’s future trade and security;
- develop bilateral relations through contributions to the social and economic development of countries, particularly those in the Asia-Pacific region (primarily through the AusAID administered sponsored program);
- provide opportunities for students from developing countries for study in Australia by awarding Australian Government and institution sponsorships; and
- provide cultural and economic benefits to Australia through genuine overseas students studying in Australia.
The Student visa program consists of Subclass 500. For the criteria for grant of this visa, please arrange a meeting with us to discuss various student visas options.
457 is a 4 year working visa which allows you to work full time in your nominated occupation with the nominated employer.
Following are the stages to obtain the 457 visa: –
A. Employer Sponsorship
This is the first stage in every 457 visa process. The employer needs to get approval from the Department for sponsoring employees under the 457 visa program. The application for business approval should pen down the number of 457 visa applicants which the business proposed to sponsor. The following are the main documentation which is required to be submitted to the Department for Business Approval: –
Financials of the business, Business Activity Statements and Tax Returns Evidence of meeting Training Benchmark Requirements (This could be 1% or 2% of payroll expenditure of the business depending upon type of Training Benchmark being met) Organization Structure Bank Statements Lease Agreement
B. Employer Nomination
Employer nomination is the second step in 457 visa process. The employer needs to nominate the position and person, which it need to fill and sponsor under 457 visa program. A different nomination application has be submitted for every position the employer needs to fill through 457 visa program.
The following are the main documentation, which is required to be submitted to the Department for Nomination Approval: –
Employment Contract Remuneration Justification Justification Statement for Genuine Need of Paid Employee Labour Market Testing
C. Visa Application
Visa Application is the third and last step in the 457 visa process. The visa applicant needs to met certain requirements before being eligible to apply for 457 visa. This includes qualification, English language requirements and work experience as well.
The following are the main documentation, which is required to be submitted to the Department for Visa Approval: –
Relevant Education Qualification Skills Assessment (if asked by the case officer) Health Insurance Medical Examination
PARTNER / SPOUSE VISA
Partner visas were the first visas to become provisional visas. Like all provisional visas, partner visas are subject to a two-stage process, however unlike other provisional visas that require lodgement of a visa application form at the first stage and another at the second stage, Partner visa applicants are only required to lodge one visa application form (at the first stage).
The visa application can be lodged online through immi account or can be a paper application. Paper application can be lodged by filling up and submitted For 47SP and is used to apply for both the provisional/temporary Partner visa and the permanent Partner visa.
If the first stage visa is issued (ie a Partner (Provisional) (Class UF) subclass 309 visa or a Partner (Temporary) (Class UK) subclass 820 visa), it remains valid until such time as a final decision is made by the Department (usually 2 years).
Should, at the first stage, evidence be provided that the partner relationship meets the criteria of a “long term partner relationship”, the second-stage visa (ie the permanent Partner (Migrant) (Class BC) subclass 100 or Partner (Residence) (Class BS) subclass 801 visa) is finalised soon after the lodgement of the first stage application. “Long term partner relationship” is defined in reg 1.03 of the Migration Regulations 1994 (Cth) (the Regulations) as being a partner relationship with the sponsoring partner for 3 years or more, or 2 years if there is a dependent child or dependent children of the relationship.
In all other cases, at the end of the 2-year provisional period, the second-stage processing begins with applicants required to provide current evidence that their relationship is genuine and continuing as well as satisfying relevant health and character requirements.
As with the other provisional visas, dependents included in the permanent visa stage do not need to show that they continue to satisfy the dependency criteria. This is established at the beginning of the first stage. While updated health assessments are not required (see Introduction to provisional visas), all applicants are required to provide a new (and current) penal clearance for any country they have lived in for a cumulative period of 12 months or more since being granted the temporary Partner visa.
The applicant may be permitted to qualify for a Partner visa under the following circumstances:
- if the partner relationship ceases during the provisional stage due to the death of the Australian spouse;
- if the relationship breaks down but there are access and/or child maintenance issues; or
- if the applicant is a victim of family violence.
RSMS / ENS Visas
Employers seeking to fill a full-time position within their organisation on a permanent basis can nominate skilled individuals from overseas, or workers who are currently in Australia on a temporary basis, for permanent residence under the Employer Nomination Scheme (ENS), for a subclass 186 visa, or if the position is located in regional Australia, under the Regional Sponsored Migration Scheme (RSMS), for a subclass 187 visa. Once granted, subclass 186 or 187 visas allow the individuals to remain in Australia indefinitely although they will need to apply for a Resident Return visa to travel to Australia following an initial period of 5 years.
Permanent residence visas are generally not subject to any conditions, but in case of a subclass 187 visa, the Migration Regulations 1994 (Cth) (the Regulations) provide for a specific cancellation power if the visa holder has not commenced employment in regional Australia within the prescribed period, or if the employment is terminated within a period of 2 years.
Both ENS and RSMS visa programs consist of three eligibility streams:
- Temporary Residence Transition stream (TRT) — streamlined pathway for eligible subclass 457 visa holders transitioning to permanent residence.
- Direct Entry stream (DE) — general pathway for individuals who do not qualify to apply under the TRT stream or who are applying from overseas.
- Agreement stream — pathway for applicants sponsored by employers that have entered into a labour agreement with the Department of Immigration and Border Protection (the Department) to sponsor skilled workers for permanent residence. Labour agreements would generally be negotiated in circumstances where the employer intends to nominate foreign workers for positions located in an unrelated business (on-hire), where the nominated occupation is not included on the list of eligible occupations for ENS program, or where further exemptions are required in relation to English language or the skill of the applicants.
The application process is divided into two stages:
- Nomination stage — relates to the employer and the position being nominated.
- Visa application stage — relates to the primary applicant for a visa and any family members included in the visa application.
In the Agreement stream, negotiating and finalising the labour agreement between an employer and the Department replaces the nomination stage.
Each visa stream is subject to different eligibility requirements at the nomination and visa application stages. There are also certain common criteria, which apply to both visa programs.
Skilled migration visas provide one of the best opportunities for skilled workers to live and work in Australia. Under the Australian General Skilled Migration program, skilled migrant and skilled worker applicants can use their qualifications, work experience and language ability to meet the Australian immigration requirements for a permanent Australia visa.
Under this migration program, visa applicant does not need any employer sponsorship. However, extra points can be claimed for state / relative sponsorship.
Visitor visas facilitate the temporary entry of people to Australia who have the genuine intention to undertake non-work activities, such as:
- visit relatives or friends;
- organized tour groups from the People’s Republic of China (PRC);
- business purposes; or
- medical treatment
There are four subclasses of Visitor visas:
- Visitor (Class FA) subclass 600.
- Electronic Travel Authority (Class UD) subclass 601.
- eVisitor (Class TV) subclass 651.
- Medical Treatment (Class UB) subclass 602.
The Tourist stream is suitable for people wanting to visit Australia for tourism and/or to visit relatives/friends. The Tourist stream is available under all Visitor visa categories, except the Medical Treatment (Class UB) subclass 602 visa.
Where a person is seeking to visit friends or relatives in Australia under the Visitor (Class FA) subclass 600 Tourist stream, sponsorship and a security bond may be requested in exceptional circumstances. Typically this would be where there are residual doubts as to whether the person will depart Australia at the end of their stay. A security bond may be anywhere from AUD5,000 – AUD15,000 (or higher).