Permanent residence _

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 This fee is non-refundable even if your application is withdrawn or rejected.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.

• 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.
  
  

  Top

  
  
  
• 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.
  
  
  

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• 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.