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Permanent
Residence - General
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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application is withdrawn or rejected.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.
- Is
it true that if you get another Australian visa after
getting a migration visa, it cancels the migration visa?
- Generally
yes, so don't even think about applying for another
visa once you get a migration visa, even if you have
dual nationality and the second visa is in your second
passport. If you have any outstanding visa applications
in the system (eg for a temporary visa) you should withdraw
them immediately.
Section 82 (2) of the Migration Act states that:
-
A substantive visa held by a non-citizen ceases to be
in effect if another substantive visa (other than a
special purpose visa) for the non-citizen comes into
effect.
-
A recent change came into effect on 1 July 2002. From
that date, an Electronic Travel Authority or border
visa will not override a more beneficial visa.
- Do
all members of my family need to arrive in Australia
at the same time in order to validate our visa before
the 'first entry date'?
Yes, and the principal visa holder must arrive first.
Remaining visa holders can arrive either at the same
time or between then and the first entry date.
- I
am 45. Is it true I can't apply for immigration to Australia?
Skilled or Employer Nominated migration to Australia
is virtually impossible for those aged 45 and over (and
has been since mid 1999), apart from some minor exceptions
such as Distinguished Talent or Regional HQ based migration.
Business Skills migration, since 1 March 2003, is harder
but not impossible if you are over 44.
Family Stream (eg Spouse) migration, or special category
migration (although the Former Resident subclass now
has an age limit of 44 from 1 July 2000) remains possible,
as are temporary visas.
It isn't a problem if you are over 44 and the spouse
of someone who does qualify in his/her own right.
Those without such possibilities should perhaps consider
New Zealand where the age limit for skilled migration
is 56. Canada may be another alternative.
- Do
all members of the family have to be under 45, or it
is just the principal applicant?
For Skilled Independent, just the principal applicant.
For the Skilled Australian Linked scheme, the principal
applicant will always be the person with the blood relationship
to the relative in Australia - in this case, the under
45 requirement applies to whichever partner/spouse is
using his/her skills to meet the basic requirements
and points test (with 15 points coming from the spouse's
relative).
- How
does visa 'capping' work?
The Australian government has an upper limit on the
number of immigration visas it issues in a year (which
runs from 1st July to 30th June). If more people qualify
in a category than there are visas available, then once
the quota for the year has been filled (on a first come
first served basis) no more visas can be issued. Applications
not fulfilled are carried over to the next year, where
they take precedence.
Clearly, if a cap is exceeded regularly a large queue
can build up. This has happened in the case of some
parent visa applications, but the alternative would
be for DIMA to raise the qualification thresholds to
reduce the number of people qualifying and clear the
queue that way. Capping didn't affect affected the independent
categories for a number of years prior to 2001 (although
since then there has been an excess of demand over supply,
causing applications to be informally held over to the
following program year). The parent visa category is
currently severely affected, due to very limited visa
supply numbers.
The pressure on parent visas should be reduced (although
not removed) by the new Contributory Parents visa, which
involves high charges in return for permanent residence,
that will come into force from mid 2003.
See
DIMA Fact Sheet 21
- Once
I have moved to Australia, can I leave for a period
and then come back?
On the assumption your visa states 'Multiple Entry'
- which most visas do - once you have validated it,
you can then leave Australia and return as much as you
like. On the date it expires, you must either be in
Australia or have obtained a Resident Return Visa. The
expiry date of your visa may be up to 5 years in the
future, but if you do not spend at least 2 years out
of the next 5 in Australia, you may have to accept restrictions
on travelling for a period until you have accumulated
2 years residence.
DIMA
Factsheet 95
- Is
it better to apply for a temporary or permanent visa?
- Generally
speaking, you won't have a choice in the matter. But
in some cases, including business sponsorship and retirement
age people, you may have the option of obtaining either
a temporary or permanent visa. The advantages of PR
over a temporary visa are:
- Unrestricted
working rights (rather than being tied to one employer)
Indefinite right to stay in Australia
Time spent in Australia on a temporary visa doesn't
count if you want to apply for Australian citizenship
Any children born in Australia to an Australian termporary
resident do not automatically qualify for Australian
citizenship.
Temporary residents do not have the right to sponsor
relatives for migration.
If you or one of your children want to undertake university
study in Australia, you are liable for overseas student
fees.
There is no entitlement to Medicare (unless under a
reciprocal agreement with some countries) or welfare
in Australia on a temporary visa.
In NSW (and other states are moving towards this), temporary
residents sending their children to state schools are
liable to pay school fees. Children of PR visa holders
are not subject to this.
Lack of entitlement to Medicare or free schooling (in
NSW) is despite being liable to pay Australian taxation
on broadly the same terms as Australian citizens and
permanent residents.
-
On the other hand, temporary visas:are
mostly quicker and less costly to obtain than permanent
visas.
Temporary visa holders may qualify for some tax concessions,
including Living Away from Home Allowance and an exemption
from Australia's Foreign Investment Fund regulations.
On a business long stay visa (subclass 457, effectively
a work permit) the spouse has unrestricted work rights,
despite the work restriction on the principal visa holder.
This is a significant concession available in Australia,
which is often not matched by other countries.
It is possible to change your status from temporary
to permanent resident when in Australia as long as you
qualify for PR at the time you apply to change status.
This may be through an onshore application (such as
Employer Nomination or Skilled Independent/Sponsored
for recent graduates), or an offshore application, for
which you would need to leave Australia to be granted
your visa.
- I
have a British passport. Does that give any advantage
in applying for an Australian residence visa?
Not since the early 1970s. The main advantage that British
people have (in common with the rest of the English
speaking world) is fluency in the English language,
which is considered important by Australia. British
people have another advantage in that UK qualifications
are pretty comparable to Australian ones, making the
assessment process for skilled migration a lot easier.
It is even harder for Australians to enter the UK permanently,
unless they have citizenship of another EU/EEA country,
a UK born grandparent or find an employer to sponsor
them. The recently introduced UK Highly Skilled Migrant
Program is much more restrictive than Australia's skilled
program.
The only foreign passport that is of any particular
advantage in Australia is a New Zealand one.
- I
have dual British and Canadian nationality. Does it
matter which passport I use for immigration to Australia?
- You
can choose which nationality to apply as. On your immigration
application form, you will be asked by DIMA if you hold
any other nationality and you should declare the other
one, but that will cause no problems.
You can only have your visa stamped in one passport,
and you will be expected to use this one when travelling
to and from Australia as a permanent resident.
- The
fact you already hold dual nationality will make no
difference to the Australian authories if you later
decide to apply for Australian citizenship. You will
need to check whether you risk losing either of your
current citizenships with both the relevant countries
before you become an Australian citizen (neither the
UK - apart from minor exceptions only relevant to British
nationals without citizenship - nor Canada have any
problem with dual/multiple nationality, but many other
countries do). Don't assume that just because a country
tolerates your second nationality on the basis of inheritance
of a foreign citizenship from a parent at your birth
(for example), they will take the same view of you as
an adult acquiring Australian citizenship by naturalisation.
- I
got an Australian immigration visa stamped in my Indian
passport, but since receiving it I have become a UK
citizen and as a result lost my Indian nationality.
Can I have a replacement visa stamped in my new British
passport instead?
- Your
visa remains valid even if the passport it was placed
in no longer is. If you have had your Indian passport
cancelled and returned to you, you can continue to carry
it as evidence of Australian PR status, while using
your British passport for actual travel. If you have
had to return your Indian passport, or if you would
rather not carry two travel documents, it should be
possible for DIMA to re-evidence your visa in your new
passport (for a fee). The only warning might be that
because the process of placing a visa originally issued
to an Indian citizen into a British passport would be
unusual, DIMA might ask you some extra questions and
the process take slightly longer than normal.
If you know you are going to have to turn in your old
passport and not get it back, it is probably a good
idea to get your visa re-evidenced in your new British
passport before you hand back your old one to your original
country. If this isn't possible, at least take copies
of the passport pages and the visa itself (plus any
Australian entry/exit stamps) as it will make life easier
when you ask DIMA to re-evidence the visa in your new
passport.
- It
currently (mid 2002) can be very difficult - or impossible
- to get a migration visa re-evidenced. DIMIA can do
it manually, but this apparently causes delays with
verifying your status on arrival in Australia. From
what I've gathered, their computer systems are not as
flexible as they should be. So if your passport expires
or (as in the case above) is cancelled before expiry,
then you will have to cappy two passports, one current
and one with the visa in it. At least for the first
2-3 years while you wait out the time to qualify for
a resident return visa or Australian citizenship.
- If
you are planning to migrate and want to avoid this problems,
you should renew your passport be forehand if it only
has a couple of years validity left.
- What's
the actual landing process (with a migrant visa) like?
It's very simple. When you complete the landing card,
you can tick the box 'Migrating to Australia' even if
you are only going on a holiday to validate your visa.
The immigration officer will examine your passport and
visa and ask you questions about any conditions mentioned
on the visa (eg if your visa states 'Must not marry
before first entry' you will be asked to confirm this).
Then your customs card will be checked, your passport
stamped and that will be it. The whole process may take
no more than a few minutes.
The tag that comes attached to your visa may or may
not be removed. It does not matter either way.
- I
had some problems with the law in my own country when
I was younger. Does that disqualify me from migrating
to Australia?
- Not
necessarily - but you must disclose all former convictions
on your application form (even if they have been removed
from the record in your home country, eg under the UK
Rehabilitation of Offenders Act 1974). If they were
to come to light later then the problems would be much
more severe as it would become a case of visa fraud,
which is viewed much more severely than the majority
or minor criminal offences. This can lead to cancellation
of your visa, deportation from Australia and even revocation
of Australian citizenship.
The requirement of good character applies to virtually
ALL visa classes, whether skilled, business, family
or special category.
DIMA has recently published a fact sheet on the good
character requirement. The requirements are relatively
non-specific to particular offences and relate more
to general conduct (in terms of prison sentences, they
take a particular interest in any sentence over 12 months,
but lesser sentences can act as a bar too). If you have
committed criminal offences in the past it's one of
the areas where you should use a migration consultant,
who will be able to present your case to DIMA in the
most favourable light.
- For
example, your subsequent conduct could be shown to be
reformed, or you could demonstrate that the offence
for which you were convicted would have carried a lighter
sentence had it taken place in Australia.
DIMA
Fact Sheet 79 - The Character Requirement
- Under
what circumstances can a migration visa be cancelled
after I land in Australia?
-
The circumstances vary, but in summary, if DIMA find
out:
- you
told an untruth on your application form
- you
breach any conditions on your visa (such as marrying
before first entry if prohibited, or not setting up
a business as promised)
- you
are convicted of a criminal offence in Australia carrying
a prison sentence of over 12 months, or other evidence
comes to light that you are not of good character.
- Cancellation
of a visa is rarely automatic as each case is decided
individually, but it is not unknown for PR status to
be revoked.
- If
the principal visa holder's PR status is revoked, the
spouse and dependents normally lose PR status too (this
however does not apply if a visa holder loses PR for
some other reason, such as spending too much time outside
Australia and not qualifying for a Resident Return Visa).
- The
independent skilled migration form asks the value of
funds I intend to bring to Australia. Are DIMA looking
for a specific answer?
No. There is no specific financial requirement for skilled
migration to Australia, unless you are claiming the
5 bonus points for AUD100,000 capital investment in
Australia. However, you are expected to show an ability
to support yourself once resident in Australia (the
same applies to other immigration categories too), and
the amount of money you say you expect to transfer to
Australia should reflect this.
Other than the bonus points, there is no special preference
in the skilled stream for those who have a lot of money
either. You should simply declare what you intend to
bring to Australia. It is unlikely (at least if you
are applying from the UK) that DIMA will ask for verification
of your assets if you are not claiming the bonus points,
but as they are entitled to ask during the processing
of your application- so make sure your assets do add
up to at least the amount you declare.
- It
is normally difficult to travel on my current passport
because most countries ask for visas. Will having Australian
PR make any difference?
If a country like the US demands that you have a visa
to visit there, the fact you hold Australian PR will
make no difference to that requirement. However, it
should be easier for you to obtain visas than many of
your countrymen because consular officials will be less
concerned about you becoming an illegal immigrant in
somewhere like the US if you hold legal residency in
Australia.
Once you become an Australian citizen you can have an
Australian passport, which is one of the most highly
regarded travel documents in the world.
- I'm
living in Australia, but my migration visa has now passed
its expiry date. Does this matter?
-
The visa is valid indefinitely, the expiry date only
means the last date for which you can use it to re-enter
Australia from overseas as a PR. As long as you are
living in Australia, you still remain a permanent resident
even after the expiry date of your original visa.
- However,
you should get a Resident Return visa (assuming you
qualify for one) as soon as possible, in case you want
to travel overseas and know your PR in Australia is
secure. It is possible to get an RRV outside Australia,
but if a problem arose and you did not qualify for one,
you would have effecively lost your PR status. By applying
in Australia before you leave, the worst that can happen
if there is a problem with you getting an RRV (generally
if you haven't spent 2 of the previous 5 years living
in Australia as a PR) is that you are stuck inside Australia
for a little while, rather than stuck outside Australia
perhaps for ever!
- Who
can I take with me as dependents if I migrate?
- A
family unit is generally defined as the principal applicant,
spouse (including de-facto), dependent children and
some other relatives who live within the family and
are supported by the main applicant. Points to bear
in mind are:
- Children
under 18 are normally assumed to be dependent, provided
they are unmarried (and not engaged or in a de-facto
relationship)
Children over 18 must be shown to be dependent on the
principal applicant (eg unmarried and a full-time student).
There is normally an absolute upper age limit of 25
(unless the child is incapable of earning a living due
to disability - but this could cause an issue with the
health requirement).
- There
may be problems if the child (whether under or over
18) is enaged to be married or is / has been in a de-facto
relationship
Although the age of the principal applicant is based
on age at the time of application, the age of any dependent
children is assessed at the time a decision on the application
is made. This can be up to a year (in some cases more)
later, and if the child turns 18 before the application
is decided it's entirely possible that your 18 year
old will be denied a visa while the rest of the family
is accepted for migration.
A same-sex partner is not considered to be part of your
family unit. If you are in this position, the only way
to get your partner into Australia with you is to get
accepted for migration yourself, establish residence
in Australia, and then as an Australian permanent resident
you will be able to sponsor your partner for migration
or residence through the Interdependency categories
of the Family Stream.
- If
someone is a dependent they must be included in the
migration application, even if they do not plan to migrate
themselves. The DIMA case officer will take a decision
as to whether they fall within the legal definition
of 'dependent' or not.
- If
any person who is treated as a member of the family
unit fails the health or character criteria, the entire
family's application will be refused.
- If
you plan to include a child aged 16 or over in your
application, it is definitely advisable to use a registered
migration agent to ensure you do not fall foul of this
aspect of the migration regulations.
- My
passport only has short period of validity left. Will
that affect the validity of any migrant visa DIMA gives
me?
No. Although your passport will need to be valid when
DIMA place a visa in it, that will not affect the validity
period of the visa. If your passport expires before
the visa does, you can either carry the old passport
with the new one as evidence of your PR status, or DIMA
will put a replacement visa in your new passport.
However, if your passport has only a few years of validity
left it is worth considering getting a new one to have
your visa put in, to avoid the hassle of getting it
re-evidenced or carrying two separate passports.
- I
hold Australian PR and am also a permanent resident
of Canada. If I apply for and get Canadian citizenship,
will that affect my Australian PR status?
- Your
status as a PR shouldn't be affected by any application
for Canadian citizenship. You will have to fulfil the
requirements of the Canadian government in applying
for Canadian citizenship, and depending on your circumstances
holding Australian PR may have an impact on your eligibility
for citizenship.
-
You should speak to a lawyer who is competent in Canadian
immigration and nationality law to ensure you do not
fall foul of Canadian regulations in holding Australian
PR at the same time as Canadian.
- I
validated my PR visa by taking a holiday in Australia.
If my passport was lost or stolen, how would DIMA know
that I had actually entered Australia by the 'first
entry date'?
-
DIMA should normally have a taken note of your visa
number when you entered Australia the first time, and
updated their own records. You incoming and outgoing
passenger cards will also have been retained. You may
still want to keep evidence of your trip (eg credit
card statements/receipts) for your own peace of mind.
- If
I apply for PR from within Australia, do I need to do
anything to 'land' or validate my visa?
-
If you apply for PR at a DIMA office in Australia, you
must be in Australia when your visa is granted. In that
case, your visa will be immediately valid and there
will be no need to do anything specific to 'land'. Unlike
in Canada, where it is normally necessary to travel
to a frontier post.
On the other hand, if you have sent your application
for PR to a DIMA office outside Australia (even if you
were physically in Australia at the time of application),
you must leave Australia to collect your visa, although
it doesn't have to be collected at the same office which
you submitted your application to. Many people travel
from Australia to places like Singapore and Auckland
to collect their visas and re-enter Australia as residents.
- Once
in Australia as a PR, do I have to work as the 'nominated
occupation' on my application form?
- No.
Subject only to the laws of Australia and getting someone
to employ you, you can follow any occupation you like
once you arrive, subject to the exceptions below.
- If
you are a business skills migrant you are obliged to
participate in a business in Australia, and if you have
a regional employer nominated visa you are obliged to
make a 'genuine effort' to work for your sponsoring
employer. Your PR visa can be cancelled if you do not
meet these commitments.
- My
wife's brother is an Australian citizen willing to sponsor
us for migration, but my qualifications will be needed
to give us the points we require. Is it possible for
us still to apply for Australian migration?
Yes. Your wife will still have to be the 'principal
applicant', but the requirements of skills and age can
be fulfilled by you instead, and combined with the points
she will get from her relationship to her brother.
- What
do functional, vocational and competent English actually
mean?
In IELTS terms:
- 4.5
(band) = functional, 5.0 (minimum) = vocational, 6.0
(minimim) = competent
-
'Vocational' English is the minimum requirement for
skilled migration (subject to exceptions for the regional
migration programmes for certain States/Territories),
additional points are awarded for 'competent' English.
-
To be assessed as having 'vocational' or 'competent'
English, you must attain the relavent scores on all
the components of the IELTS test. For 'functional' English
assessment, only an average is required (the 'band score').
-
International English Language Testing System
Depending on your nominated occupation, you may be able
to do an
-
Occupational English Test as an alternative
to IELTS.
A spouse or adult dependant of a skilled migration applicant
must have at least 'functional' English in order to
avoid paying the second instalment of the visa application
charge (AUD2,485) which funds English language lessons
in Australia.
- I
am a British citizen resident in Canada. Can I send
my application to either the London or Ottawa embassies?
-
Yes. Although if you've been living in Canada for a
few years, Ottawa may be a better idea. Which is better
also depends on the processing times at the two locations
when you apply.
From 1 November 2001, if you are applying for General
Skilled migration, the application must be sent to Adelaide.
Embassies overseas will not accept skilled migration
applications from that date. From 1 July 2002, Business
Skills migration applications have also been centralised,
in Perth (other than for applications from China and
Taiwan), and applications after this date will need
to be sent here.
- Further
centralisation has taken place (eg offshore parent visas),
or is in the pipeline, so check the current regulations
before applying.
- Is
it possible to transfer an application from one Australian
embassy to another?
-
Generally speaking, no. If you change your country of
residence after applying, you should tell your DIMA
case officer who will probably continue to process your
application at the place you lodged it. You will be
able to collect your visa at any DIMA post offshore,
provided you tell your case officer your intentions.
From 1 November 2001, if you are applying for general
skilled migration, the application goes to Adelaide,
so the question is irrelevant.
If
I apply for migration to the Australian High Commission
in London, and then go to Australia on a temporary visa,
will I have to travel back to London to collect my migrant
visa or can I collect it in Auckland?
If you apply for migration outside Australia, you must
be outside Australia when the visa is granted. In practice,
what often happens is that your case officer in London
can tell you that a visa decision is imminent, and you
can travel to Auckland or Singapore and thereby be outside
Australia when it is granted. You can have your visa
stamped in your passport there too. The only caution
is that it does require some co-ordination among different
DIMA offices!
Additionally, if you travel to Australia on a temporary
visa after applying for migration, you should tell your
case officer.
From
1 November 2001, skilled visa applications are made
to Adelaide. The current version of the 47SK form asks
you if you would like to send your passport in the mail
to Adelaide to have your visa granted, or if you would
prefer to have it granted at a specified Australian
mission overseas. You can change you mind on this after
applying, but the requirement to be outside Australia
on the date your visa is granted (unless applying for
an onshore visa) remains absolute.
- Can
I apply for a temporary visa at about the same time
as a permanent visa?
It depends on a number of factors:
what
sort of temporary visa (Working Holiday visa holders
are expected to plan to leave Australia at the end of
their visas, while DIMA envisage that many holders of
other visas such as temporary subclass 457 business
visas will eventually apply for PR)
what your occupation is (better if it's on the MODL)
what passport you hold (it's easier if you come from
a Western country)
whether you have applied for the temporary or permanent
visa first.
In all cases you should tell DIMA what you are doing.
While it is possible to apply for temporary and permanent
visas at the same time, it's an area where it can be
well worth getting professional advice.
- If
you apply for migration when resident in Australia on
a temporary visa, do you still have to send the application
to an offshore office?
If you are applying for a visa subclass that can only
be granted offshore, yes. You can choose whichever DIMA
mission overseas suits your application best (normally
the office serving a country of which you are a citizen
or in which you have spent a significant amount of time
living).
From
1 November 2001, if you are applying for skilled migration
the application must be sent to Adelaide. This is still
treated as an 'offshore' application. In the case of
other migration categories there is often an onshore
equivalent available, and this should normally be chosen
over and above an offshore application, unless there
are spcecial reasons.
- My
grandfather was born in Australia. Does that mean I
can migrate there?
Unless
you qualify for Australian citizenship (and obtaining
Australian citizenship by descent is not as easy as
obtaining many other countries' citizenship by descent)
there is no special preference in the migration system
for people with ancestors born in Australia.
- I
spent most of my childhood years in Australia with my
family who had migrated there before returning to the
UK. Can I migrate back there now?
If your family never obtained Australian citizenship
when you lived there, you have no automatic right to
return. If you left Australia relatively recently (ie,
less than 5 years ago) or if there are special circumstances
you may be eligible for a Resident Return Visa. Otherwise
you must apply again to migrate there.
The only concession given by the Australian authorities
is if you spent a total of 9 years before your 18th
birthday in Australia as a permanent resident you may
qualify for a Special Category (Former Resident) visa,
provided you are aged under 45 and have retained ties
with Australia. Using a migration agent is a good idea
for this visa category.
Otherwise, there is unfortunately no special preference
given to former Australian residents who have lost their
PR status and now wish to apply again.
- If
you are separated or divorced, what's the position regarding
minor children of the relationship?
If the children are in the custody of your ex-spouse
and will not be migrating with you, they will need to
do medicals unless you can convince the Minister it's
'unreasonable' for them to be expected to do so. If
they are 16 or over then the same applies to police
checks.
If you are in this position and expect problems, then
you should hire an experienced migration agent to help
you.
You
should get legal advice in your home country on the
effect moving to Australia will have on any child support
obligations you have there and also on whether it would
give your ex grounds to apply to the court to deny you
any access rights at all.
Your children could visit you in Australia, but your
ex-spouse would still need to give permission for them
to do so, and they would need tourist visas or ETAs
as appropriate.
If
you want to bring children of whom you have custody
with you, you need to show DIMA that you have sole custody
of the children, and that the other partner's access
rights won't be infringed. If the other partner has
such rights, written permission to take the children
to Australia will be needed for DIMA to issue a visa,
or failing that you will need to get a court order in
your home country. DIMA's main concern is to see that
Australia does not participate in breaching another
country's child custody laws.
The children will also require passports from their
home country to migrate to Australia, and any rights
the other parent has in preventing this will need to
be addressed within the law of your home country.
If
there is any possibility of disagreement by the other
partner it's best to resolve the sitation as amicably
as possible, but otherwise you will need to take legal
advice from a lawyer in your home country dealing in
family law. The most important factor is that what authority
do you need under the law of your home country to bring
the children to live in Australia.
It is well worth hiring a competent migration agent
to liaise on your behalf with DIMIA over this complex
area
Permanent
Residence - Skilled Migration
- What
does the pool mark mean?
If you have enough points to reach the 'pool mark' but
not the 'pass mark' your application cannot be approved
but is instead placed in a 'pool' where it is held for
2 years. During that time, the pass mark may be lowered
(which does sometimes happen, but normally only by a
small amount) or you could obtain a visa through one
of the the regional schemes. It is not, however, something
you should rely on - if nothing has happened after 2
years your application is automatically refused and
you lose the processing fee.
- Why
can't doctors get permission to migrate to Australia
in the Skilled Stream?
Australia has a surplus of doctors (according to the
government) and hence does not encourage applications
from medical practitioners. As a result, medical doctors
are not included as an occupation on the Skilled Occupations
List, and it is not possible for a doctor to qualify
as an skilled migrant. However, it is possible for a
doctor to be granted either a temporary or a permanent
residence visa via employer nomination, provided the
normal rules are followed, and the Family Stream is
of course open to medical practitioners (although they
risk having problems practising their profession in
Australia).
It's easier for a doctor to migrate if he or she is
willing to work in rural or regional Australia.
DIMA
Briefing - Overseas Trained Doctors seeking Permanent
Residence in Australia (PDF)
The alternative for a doctor who wants to move Down
Under is to consider New Zealand instead, but recognition
of skills cannot be guaranteed there either.
This only applies to medical doctors, other medical
and paramedical professions such as nurses, pharmacists
and radiographers are welcome in Australia.
What areas of Australia are considered 'regional' for
migration purposes?
It is probably easier to say what areas are NOT considered
'regional', at least for Skilled Designated Area Sponsored
purposes.
NSW
- Sydney and surrounds (including Newcastle and Wollongong)
QLD - Brisbane region (including the Gold and Sunshine
Coasts)
WA - Perth metropolitan region.
Everywhere else is 'regional.' This includes Melbourne,
Geelong (VIC), Adelaide, Canberra, Hobart, Cairns (QLD),
Townsville (QLD) and Darwin. Plus virtually all of rural
Australia.
There
are now a number of different definitions of regional
which are not always the same, although there is a substantial
overlap.
Skilled
Designated Area Sponsored
Regional Sponsored Migration Scheme - for example, Melbourne
is not regional for this category
Business Skills schemes will have different definitions
From 1 July 2003, the special concessions applicable
to graduating students who have studied at a 'regional'
institution will have its own special definition
How do the regional migration programmes work?
There are a number of special schemes to encourage skilled
migrants to settle in 'regional' Australia. All applicants
must satisfy basic requirements in terms of skills (40
points at least), age (under 45), English language,
and work experience (with a shorter period of time than
normal required) but apart from that the standard points
test does not apply (other than for State/Territory
Nominated Independent, where the pool mark at least
must be met):
Skill
Matching: Prospective migrants who meet the basic migration
requirements, submit an application (there is no initial
fee from 1 July 2002), and their details are held in
a database for 2 years. A State/Territory government
(or government agency) may nominate a person for a Skill
Matching visa (subclass 134). The details are also made
available to regional employers who can sponsor someone
for a visa via the RSMS as below. Only if a nomination
is made under the Skill Matching category does the balance
of the full visa charge become payable.
State/Territory
Nominated Independent (STNI): If you apply under the
Independent category and meet at least the pool mark,
you can apply for your details to be placed in the Skill
Matching database and made available to State/Territory
governments who can nominate you for migration in this
category (subclass 137). Regional employers can also
sponsor you for migration through the RSMS (see below)
Skilled
- Designated Area Sponsored: If you have a relative
living in regional Australia, and you meet the basic
requirements for immigration, this category may allow
you to migrate to Australia even if you don't meet the
points test - but you still need to meet the basic requirements.
Regional
Sponsored Migration Scheme (RSMS): This allows employers
in regional Australia to sponsor applicants who meet
the basic criteria for migration if they have a vacancy
that cannot be filled in the local labour market. The
requirements are less strict than those for standard
employer nomination visas.
As of 2003, the regional schemes (other than Skilled
Designated Area Sponsored) are still something of an
outside chance and it would be unwise to rely on a visa
materialising this way. However, lodging a Skill Matching
application would needing to pay any fee up front (although
a fee would be payable to get a skill assessment) seems
to be a low cost way to at least give the scheme a chance.
- If
I get a visa under one of the regional schemes, what's
to stop me settling in somewhere like Sydney anyway?
Usually
nothing. If you've come in through the Skilled Designated-Area
Sponsored scheme (subclass 139 or equivalent), you will
by definition have relatives in regional Australia,
and DIMA takes the view that this will influence where
the majority of migrants will settle.
However, in the case of the Regional Sponsored Migration
Scheme you will be expected to make a reasonable effort
to take up employment with your sponsoring employer,
and remain at that job for 2 years. If you don't, recent
legislation gives the Minister the right to cancel your
visa. And an aggrieved employer is quite likely to report
you.
For
the other regional schemes the Australian Government
is considering a two stage process, where a temporary
visa is given first, followed by PR after a time (perhaps
2 years) living in the designated area. No legislation
has been produced as of April 2003. This might be instrumental
in persuading more State/Territory authorities to take
advantage of the scheme. | |