FAQ

Permanent Residence - General

Permanent Residence - Skilled Migration
Permanent Residence General

How much does it cost to get a migration visa?

• It depends on which category you're applying in, and on the circumstances of your application. For General Skilled class migrants, you will need AUD1,745 for the application fee (which is the same if a family is included). This fee is non-refundable even if your application is withdrawn or rejected. You will additionally have to provide money for skills assessments, medical examinations, police checks and possibly travelling to your nearest Australian embassy/consulate for an interview. These fees can vary enormously, depending on your circumstances, but should be at least AUD500 per person. Additionally, there is a second instalment charge of AUD2,485 to support English langauge tuition for the spouses and adult dependents of skilled migrants with less than functional English skills. This charge only becomes payable when a visa is granted, and goes to fund English tuition under the Adult Migrant English Program.

DIMA Form 990i (pdf)

 

Can New Zealand citizens live in Australia without having to apply for immigration?

• Yes, subject to Australia's health and character requirements. Australian citizens can also live in NZ, as can Australian permanent residents with a valid Australian permanent visa (permitting re-entry to Australia). However, NZ permanent residents who are not NZ citizens do not have the right to live in Australia. Further to changes announced on 26 February 2001, NZ citizens will no longer be automatically treated as permanent residents of Australia unless they were living in Australia at that date, meet Australia's normal PR requirements, or fall within certain transitional concessions. NZ citizens who don't qualify as permanent residents will still be able to live, study and work in Australia, but will not be able to claim certain welfare benefits, nor apply for Australian citizenship. Australians will remain entitled to permanent residency on arrival in New Zealand.

DIMA Fact Sheet 17

 

Should I use a migration consultant?

• If you've got a straightforward application, generally speaking no. A consultant can improve the presentation of your case, and give you advice, but can't make you eligible for a visa if you don't qualify for one. However, if your application falls into a number of categories, including any of the following:

• you've previously been rejected for a visa you're not sure which category is best for you, or are completely confused by the system. you're applying under a complicated category (eg business migration) if you're applying for temporary and permanent visas at the same time you (or anyone included in the application) have a criminal record, or a health problem you've previously been deported from another country, or broken the conditions of an Australian visa. if you plan to bring a dependent child aged about 16 or over to Australia with you. There are pitfalls in the regulations concerning older children which could mean that if you're not careful your older child might not get a visa based on being a dependent of you. if you're approaching the age of 45 (especially for skilled migrants), or an age threshold where you lose vital points (which means that if your application is rejected, you may not be able to apply again) if a refusal will prevent a re-application in the same circumstances (if you are applying onshore and only have a bridging visa, if your application is refused you will normally only be able to re-apply for residence from offshore) if applying for residence would make it more difficult to visit Australia (especially if you don't have an ETA eligible passport) you or your partner have children from a previous relationship, whether you plan for them to migrate or not. then you should consider using a migration consultant. If you do, bear in mind that it's best to use a registered migration agent.

 

I've applied for migration before, and it was rejected. Can I apply again?

• In most cases, yes. Especially if you mean applying again at an offshore post. Your application will be assessed under the current rules and you won't be penalised for your previous application. However, you should understand why it was rejected last time, and what has changed in the interim to make a different outcome more likely. It's one of the situations where speaking to a migration consultant might prove useful.

 

I'm trying to decide between applying for Australian and Canadian migration. Can I apply for both?

• As long as the Canadian authorities don't mind, there should be few problems with the Australian authorities. However, even if you were granted both Australian and Canadian visas it would be difficult to preserve residence rights in both countries long term, and both sets of immigration people may question your commitment to their country. Particularly the Canadians, especially due to the number of people apparently using Canadian PR as a 'backup' in case they do not get a US Green Card. Even if you were to be granted PR in two countries, it is unlikely that you would be able to maintain sufficient residence in both for one PR not to lapse after a period of time. Generally, it's best to decide on one country and apply for migration only once. It's a lot cheaper too.

 

Do I have to be outside Australia to apply for migration?

• It depends on the visa category. Most skilled migration applications are deemed to be lodged 'offshore' although they are now processed in Adelaide. NZ citizens and overseas students recently graduated in Australia can lodge 'onshore' skilled residence applications, also processed in Adelaide. In most cases, you can still physically be in Australia when you apply, and remain there while your application is decided on a temporary visa. However (assuming it's an 'offshore' application):

• you will not be entitled to a bridging visa to remain in Australia at the expiry of your temporary visa if your application has been lodged (or deemed to have been lodged) offshore you will need to keep your case officer informed of where you are when visa grant stage is reached you will need to go offshore (either home, or to somewhere like Auckland or Singapore) to be granted your visa. you become a permanent resident when you first arrive in Australia with a migrant visa. If you are in Australia on a temporary visa, it is sometimes possible to lodge an application for permanent residence onshore. Although the visa class will be different, the rules for the category (eg Employer Nomination) will be broadly similar to the rules for the similar offshore visa class. If you lodge an application for permanent residence at a DIMA office in Australia, you will generally need to be in Australia at both the time of application and visa grant.

 

I've applied for a permanent visa. Will I be called for an interview?

• It depends on your application - the short answer is be prepared for an interview (interviews are likely under the Spouse category, currently unlikely for the Skilled Stream), but you may not be called for one.

 

How long does it take to get approval for a visa application?

• It can vary greatly. It depends on:

• what visa you've applied for the visa office you've applied to, and how busy they are at this moment in time (although from 1 Nov 2001 all new skilled visa applications are being dealt with in Adelaide). the general volume of visa applications across the world whether you've sent DIMA all the information they require with your application whether formal or informal capping is in operation for your visa class whether your application needs to be sent to Canberra for further adjudication (eg in the case of some medical problems) policy on processing priorities. For example a spouse application where the Australian spouse is an Australian citizen rather than a PR, the priority is higher.

• if you've applied for skilled migration, your application should be processed faster if your nominated occupation is as an IT professional As of early 2003, 4-6 months is a reasonable guide for the Spouse categories, 9-12 months for General Skills applications lodged in Adelaide (4-6 months in the case of nurses and those with a state/territory nomination or sponsoring relative living in a designated area), although some cases are a lot quicker or slower. Skilled applications submitted to offshore offices pre November 2001 have variable waiting times as the backlogs are reduced. Other categories, like Parent currently have a waiting time stretching into years.

 

How can I find out how my application is going?

• The embassy are impossible to contact

• Generally speaking, it's not a good idea to 'pester' your case officer about how your application is going (even assuming you can get in touch). Human nature being what it is, may even harm your case, or your file may be taken off his desk and replaced somewhere else. If you want to be sure that the embassy has received what you've send it's advisable to use a form of recorded delivery or insured post (especially for medical exam results which will cost money to replace if lost).

• Alternatively, if you are in the same country as the processing office you can simply include a stamped postcard addressed to yourself and your case officer will put that back in the post as soon as he receives your package.

• If you are expecting to hear something and normal processing timescales have passed, it is worth a call just to make sure things are progressing.

 

Should I get medical exams done before I apply?

• Generally speaking, no (but see below). The medical exams cost a significant amount of money (in the UK about GBP150 per person) and it is only worth undertaking them once you are asked to by the embassy. You will only be asked for medical reports if the rest of your application has been approved. If you are aware that you or someone in your family has a medical condition that may pose a problem, it's worth speaking firstly to your own doctor and secondly to a registered migration consultant who should be able to tell you if it will cause a problem or not. In addition, medical exam results are only valid for 12 months, and if your application was delayed for any reason, you might be asked to do them again in any case. Even if you are not asked to re-do them, the earlier they are, the earlier your first entry date to Australia will be as well.

• From mid 2000 to mid 2001, the High Commission in London requested applicants to submit medicals in advance, although this was never a legal requirement to make a valid application. Supposedly done to 'save time' in the light of a 6 month processing time, waiting times for many applicants soared as a directive was given to prioritise IT professionals and a higher than expected demand for onshore visas from July 2001 reduced supply available to offshore posts. London have apparently obtained permission from Canberra to extend the validity of clear medicals to 2 years (from the normal 12 months). However, it is unlikely that this policy will be applied to anyone other than those who sent in their medicals in advance in good faith based on London's advice. Anyone applying to Adelaide should not do medicals until they are requested.If you are applying for one of the new onshore skilled visa categories for overseas students in Australia, then you do need to get a medical exam done in advance. Otherwise there is no legal requirement to provide one in order for your application to be valid and even if asked otherwise, if you are in danger of missing any time limit the rule is normally apply first and provide the medical exam later.

 

Can my own doctor conduct the medical exam?

• No - other than in the unlikely case he's an approved doctor by DIMA or you live in a country where any doctor can undertake the medicals (such as the US). You will get a list of approved doctors from your case officer (or on the DIMIA website) and you must use one of them. It's worth asking a few of them what their prices are - the cost does vary, and DIMA don't mind which one you use.

 

If I get a visa, how long do I have before I can move to Australia?

• Your visa will have a 'first entry date' and you must arrive in Australia on or before that, otherwise it will lapse. This validates your visa. What happens after that depends on the terms of your visa, but most will give a facility to enter and leave Australia for as much as you like for 3 to 5 years, after which you will need to apply for a Resident Return Visa.