Archive for the ‘Immigration’ Category

Visas and the importance of ‘good character’

To be granted entry to Australia whether temporarily or permanently, whether you are a main applicant or an additional applicant, you will need to pass the character test set out in section 501 of the Migration Act 1958.

This character requirement attaches itself to the type of visas which are applied through the Public Interest Criterion (PIC) 4001. The onus is on the applicant to demonstrate that they are of good character. Applicants who fail the character requirement will have their visa refused or cancelled by either the Minister for Immigration and Citizenship, or the Department of Immigration and Citizenship (DIAC).

Consequently, the DIAC will consider your past and any present criminal conduct along with your conduct in general, in determining whether you are of good character. This means you will be required to disclose information about your past conduct including criminal convictions or charges, and the refusal or cancellation of any previous visas.

According to recent news reports, following recent amendments made to the legislation late last year, the Minister has cancelled as many Visas over the last 3 months as were previously cancelled over the past three years!

What constitutes failure of the character test?

 The Applicant will fail the character test if:

  • They have a substantial criminal record
  • They have been convicted of an offence while in immigration detention, escape from immigration detention, during the period of escape from immigration detention or have been convicted of an offence of escaping from immigration detention
  • There is a significant risk that the person will engage in criminal conduct (such as harassing, molesting, intimidating or stalking another person, or vilifying, inciting discord against a segment of the Australian community) or the person represents a danger to the Australian community.
  • Having regard to the person’s past and present general criminal conduct, the person is judged not to be of good character.

What is a ‘substantial criminal record’

A person will be judged to have a ‘substantial criminal record’ if they have been sentenced to:

  • Death or life imprisonment
  • A term of imprisonment for at least 12 months
  • Two or more terms of imprisonment, where the total of the terms is two years or more

You will also be judged to have a ‘substantial criminal record’ if you have been acquitted of an offence due to unsoundness of the mind, or insanity and as a result have been detained in a facility or institution.

What happens to a person who is excluded from Australia?

In plain terms it is severe. Any person, who has their visa cancelled on the grounds of substantial criminal record, past and present criminal conduct, or past and present general conduct, will be permanently excluded from entering Australia.

Why the increase in Visa Cancellations for Character Reasons?

The increase in visa cancellation numbers is a government response to national security concerns especially in the areas of organised crime and counter-terrorism.

Prime Minster Tony Abbott recently said the government aims to target “organisations and individuals blatantly spreading discord and division” and “include stronger prohibitions on vilifying, intimidating or inciting hatred” and made specific mention of the “hate preachers”.

Whilst recent visa cancellations are focused on organised crime, sex crimes and terrorism, it is possible that any person with criminal convictions outside of these offences can have their Australian visas revoked.

Recent security concerns have heightened the level of border protection, it is likely more cancellations will occur. Naturally, it is a good idea for all visa holders and applicants to stay out of trouble with the law in order to preserve your life and residence in Australia.

The importance of legal experience

If you need to complete a Visa Application or have received a notice requiring a response from the DIBP you should seek legal help.

We are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications, Family Migration visas as well as employer-sponsored visas. We also assist applicants who have health or character concerns in a visa or citizenship application.

If you need more information, or if you need assistance or advice, please call us on 07 3281 6644 or email mail@powerlegal.com.au.

Visas and domestic violence

Family violence is not acceptable or tolerated in Australia.

If you are living in Australia on a visa and experiencing family violence you will likely be very concerned, not only about your wellbeing, but the future of your residency here.

If you are on a temporary partner visa or you married whilst on a prospective marriage visa and you or your dependants have experienced abuse, the family violence provisions provide that the grant of a permanent visa may still be considered, despite the breakdown of your relationship.

In other words, you should not be prevented from continuing with an application for permanent residency, for having ended a relationship because of violence.

These provisions are aimed at ensuring people do not stay in abusive relationships simply for fear of being deported.

If you or your dependants have experienced violence and your relationship has ended, it is important to get legal advice, so you can consider your options and, obtain the relevant supporting information to make a family violence claim.

What is family violence?

Family violence is conduct, either actual or threatened, that causes you to fear for your safety or wellbeing. The conduct can be directed at you, your dependants (children) or your property. Family violence includes physical and psychological harm, forced sexual relationships, isolation and financial deprivation.

To continue with your visa application, you must prove to the Department of Immigration that:

  • your relationship was genuine until it ended; and
  • family violence took place during the relationship.

Proving family violence

A family violence claim may be supported by judicial evidence or non-judicial evidence.

Judicial evidence can be proven by a court ordered injunction or restraining order made against your ex-partner either under the Family Law Act 1975 or under a state or territory law. Alternatively, a court conviction or finding of guilt made against your ex-partner for assault against you or a dependant can be used.

Upon presentation of judicial evidence, a decision maker must make a finding of family violence against the victim. This of course provides a more streamlined process for an applicant to prove the existence of family violence and continue with the permanent residency visa application.

Non-judicial evidence requires the applicant to complete a statutory declaration. This is a sworn or affirmed statement made by you attesting to the truth of the facts contained in the statement. The statutory declaration sets out the events regarding the family violence and names the person alleged to have committed the violence.

The statutory declaration must be supported with two other forms of evidence from at least two of the following categories:

  • a medical or hospital report or discharge summary, or statutory declaration from a registered medical practitioner or nurse;
  • a record of assault, police report or statutory declaration by a police officer or witness statement provided to a police officer during an investigation;
  • a report or statutory declaration made by an officer of a child welfare or protection authority;
  • a letter of assessment or report from a staff member of a women’s refuge or family/domestic violence crisis centre;
  • a statutory declaration made by a social worker who has provided counselling and assistance to the alleged victim;
  • a statutory declaration made by a registered psychologist who has treated the alleged victim;
  • a statutory declaration by a counsellor or family consultant from a Family Relationship Centre;
  • a statutory declaration made by a school counsellor or school principal.

The documents must generally identify the alleged victim of violence and perpetrator. The Regulations set out the specific criteria to be addressed for each category of evidence. For example, medical documents should provide details of the physical injuries sustained or mental health treatment provided for a condition that would be consistent with the psychological abuse claimed.

What next?

Once family violence is established, a visa applicant may be granted the visa applied for, providing he or she still meets all other relevant criteria.

If the Department of Immigration is not satisfied, on the evidence provided, that family violence has occurred, it must seek, and rely on, the opinion of an independent expert.

Policy currently requires that all evidence submitted (even if more than what is required) must be considered by the decision maker. Accordingly, in some cases it will be beneficial to provide as much evidence as possible.

Conclusion

Special rules apply which allow victims of abuse who are on certain visas to qualify for permanent residency despite the breakdown of their relationship.

The regulations require proof of family violence before a permanent residency application can be further considered.

Victims of family violence are urged to contact an experienced migration agent or immigration lawyer to ensure that their rights are fully protected, and the  appropriate evidence can be obtained to support an application for permanent residency.

If you or someone you know wants more information or needs help or advice, please contact us on 07 3281 6644 or email mail@powerlegal.com.au.

Temporary Skill Shortage Visas (482 visas)

The Temporary Skill Shortage (subclass 482) Visa (TSS Visa) is a new stream of visa introduced as part of Australia’s reformed skilled migration scheme. The new stream is now fully operational and supersedes the Temporary Work (Skilled) Visa program (457 visa) which is now closed for new applications.

Features of the TSS Visa

The TSS visa stream is designed to assist employers address genuine skills shortages in the Australian labour market. It enables employers to bring skilled workers into Australia (by sponsorship) where they are unable to source the workers they need locally.

Each visa stream allows an applicant to include eligible family members in their application which are defined as a partner – married or de facto (same or opposite sex) or dependent child or children up to 23 years of age.

The TSS visa comprises three streams:

  • The short-term stream permits employers to fill temporary skills gaps identified from a list of occupations on the Short-Term Skilled Occupations List (STSOL) for a maximum two-year duration (or 4 years under International Trade Obligations) with a once-only onshore renewal capacity.

This visa does not provide an opportunity for permanent residency and applicants must demonstrate that they genuinely do not intend to remain permanently in Australia.

  • The medium-term stream targets long-term skills gaps and is designed to fill more narrowly-defined and highly-skilled occupation categories appearing on the Long-Term Strategic Skills List (MLTSSL).

Applicants may apply for up to four years with an opportunity to renew indefinitely whilst the occupation remains on the list. The medium-term stream provides a pathway for permanent residency after three years provided the visa holder meets relevant eligibility requirements and has complied with any visa conditions.

A Regional Occupation List (ROL) includes various occupations that are specifically available in regional areas and forms part of both the STSOL and MLTSSL.

  • The labour agreement stream applies to employers who have entered into a labour agreement with the Department of Home Affairs. A labour agreement allows businesses who can demonstrate a specific need that cannot be met by the Australian labour market, to sponsor workers. Currently, there are four types – company-specific, industry-specific, designated area and project agreements.

Like the medium-term stream visa, applicants may apply for up to four years, apply to renew the visa, and seek permanent residency, subject to eligibility, after three years.

Some occupation categories are subject to certain ‘caveats’ meaning that there will be additional requirements relating to the business entity or occupation, for example, a pre-requisite for a business to have achieved a minimum annual turnover before obtaining sponsorship approval, minimum salary requirements, minimum number of employees or specific locality requirements.

How do I apply for a TSS visa?

Occupation

Applicants first need to check if they have the relevant qualifications or skills suited to an occupation listed on the STSOL or MLTSSL. These lists are reviewed regularly to ensure they provide an accurate picture of occupation shortages at the current time which means that categories of occupations may be added, deleted or moved between lists at any time and without notice.

Sponsorship

Applicants must also have an employer who is willing to employ them in the listed occupation. The employer must be an ‘approved business sponsor’. An approved business sponsor must lawfully operate a business in Australia and fulfil various other requirements.

A visa application cannot be submitted without the applicant being ‘nominated’ for the position by the approved business sponsor. Before nominating a proposed applicant, the employer must show that they have made genuine local efforts to recruit for the occupation (known as labour market testing).

The employer must pay the visa holder a market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT) to ensure that overseas workers are not exploited, and Australian workers are not cut out of a position.

The employer must pay for all costs associated with the sponsorship and nomination application.

Eligibility criteria

Grant of a visa will be subject to the applicant meeting various eligibility criteria including skills and qualifications relevant to the occupation category, minimum work experience, health and character requirements (including police checks) English proficiency and any other requirements specific to the visa type for the stream in which they are applying.

TSS visa applicants need to demonstrate at least two years’ relevant work experience in their chosen occupation category (unless applying under a Labour Agreement Stream where the two-year requirement may not be necessary).

Family, partners and children included on the primary visa applicant’s application also need to meet certain eligibility requirements.

Visa holders must provide Tax File Numbers to the Department of Home Affairs for cross-checking with the Australian Taxation Office to ensure conformity with salary requirements.

Conclusion

Applying for a visa is a complex process with strict eligibility criteria, legislation and regulations constantly evolving and listed occupation categories subject to change at short notice.

A lawyer experienced in migration law can assist greatly in explaining the process and obtaining the extensive information necessary to support your application.

Getting your application right the first time is imperative to increase the opportunity of being granted an Australian visa.

If you or somebody you know is interested in applying for a TSS visa, or other visa type or wants more information or needs help or advice, please contact us on 07 3281 6644 or email mail@powerlegal.com.au.

Partner Visas

Did you know you may be eligible for a partner visa if you are married to, or in a de-facto relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen? If your application is successful this will result in permanent residence, in most cases after a period of about 2 years.

There are two overall types of partner visas; namely a partner visa and prospective marriage visa. The type of visa for which you should apply depends on the type of relationship you are in, but essentially visa applicants must:

  • Have a mutual commitment to a shared life together, to the exclusion of all others;
  • Have a genuine and continuing relationship; and
  • Live together or not live separately and apart on a permanent basis.

 Your relationship type

For legally married applicants it doesn’t matter if you were married in Australia or overseas. For those married overseas, this would generally be recognised in Australia providing you were both over eighteen years of age and of the opposite sex.

For applicants in a de-facto relationship the rules would generally require you to show that you have lived together for at least 12 months. In some circumstances a shorter period may be adequate, such as having had a child together or if you were unable to live together in your country or if you have “registered” your relationship with a State or Territory in Australia.

Applying for a Prospective Marriage Visa

 For people outside Australia who intend to marry their Australian sponsoring partner after they enter Australia, a prospective marriage visa is also available. It is not available for visa applicants already in Australia.

In these cases an applicant must:

  • Be at least 18 years of age
  • Have met their sponsor, in person, since they both turned 18
  • Be known to their sponsor
  • Be able to enter into a marriage that is valid under Australian law (that is, there must be no impediment to their marriage).

A prospective marriage visa is valid for nine months from the date of grant. To convert this to a permanent visa in Australia, a prospective marriage visa holder must enter Australia, marry their sponsoring partner and apply for a partner visa in Australia within the nine month period.

Temporary Partner Visas

If you apply for a permanent partner visa, you make a combined application for both a temporary partner and a permanent partner visa at the same time.

The temporary partner visa is usually granted first. It this gives you full work and travel rights in Australia. You should also be eligible for Medicare, but would not be able to access full social security benefits. This lasts until a decision is made on the permanent partner visa and this is generally at least 2 years after lodgement of the partner visa application.

Processing Time Period

Some applications are decided quickly. But currently Partner visas are taking about 9 to 12 months or so on average. Although, this can be longer if (for example) your application necessitates difficult security clearances and this in turn will depend on your place of residence.

Conclusion

There are many rules applying to partner visas and to family migration cases generally.

With the right advice at the start you give yourself the best chance of success and you can also minimise unnecessary delays.

If you would like an experienced immigration lawyer to check your application to make sure it complies with the many rules, please call us on 07 3281 6644 or email mail@powerlegal.com.au.

Why you should use a Migration Agent

Applying for a Visa can be a daunting and anxiety provoking task. Applying for some visas can be relatively straight forward, such as a holiday visa however other visa applications can be incredibly complicated and require an in-depth knowledge of the specific countries laws and visa processes.

 Save time and money

By working with an experienced Migration Agent you can save time and money by avoiding making mistakes and getting an outcome faster.

Sometimes small things can have a huge impact on your visa outcome. If you are submitting an application for a visa by yourself or making your application with reference to what you have read or by what a friend did in their case, the chances are you will make a mistake. And some mistakes can have terrible consequences, such as a refusal or a considerably lengthy delay.

Australia has its own legislations and policy in immigration.  The legislations and policy determine the complexity and depth of information required to ascertain if an applicant reaches the minimum set of requirements and if the visa applied can be ultimately granted.

As you can imagine it is not the intention of any immigration department to make a visa application complex or difficult, although it may feel like it at times.

However, form filling is only one aspect of the visa application process, if you don’t meet the requirements set by the visa you wish to apply for, you may be just filling in visa applications with no chance of obtaining a visa.

Avoid mistakes and traps

By working with a Migration Agent you avoid mistakes and your visa will hopefully be approved faster, since we know what documents will streamline your result. Naturally if you provide the Department of Immigration and Border Protection with all the forms and supporting documents required, (it is often called a decision-ready application), your application will be processed faster without any unnecessary delay.

The problem can be that even a small error in terminology or incorrect interpretation can have a significant effect on the validity of a visa application, remember it is not the job of the Department of Immigration to check and assist a visa applicant in their visa

application. One error, however small, could leave you with an invalid application (which will be simply returned to you as it will not be even considered by the Department of Immigration) or the visa being refused.

It is important to remember that the Department of Immigration do change their immigration laws and requirements when they see fit, which can mean that you may meet the requirements for a successful visa application on one day and not be eligible for the same visa the next.

Receive objective assessment

 An applicant cannot always be expected to have the knowledge of particular migration laws, policy or visa processes and requirements.

Individual circumstances such as education, age, health, family, criminal record and more are usually taken into consideration by the Department of Immigration and Border Protection particularly with permanent resident visas.

By consulting an expert you will receive a clear and objective visa assessment result, a visa strategy that has been tested and is straightforward, and clear instructions about what documents are needed. If you send us the material we can prepare your application and lodge it for you, so you would not have any hassles.

Skill and Strategies

By using an experienced Migration Agent, you will have access to in-depth knowledge and strategies based on the experience and skill that only Migration Agents have, due to years of experience working with visa applications as well as having access to legislation databases that the general public doesn’t have.

A skilled Migration Agent is able to assist you and guide you through the various different types of visas that may suit your circumstances and provided you with up to date information on immigration requirements and laws.

In addition to providing you with up to date information on the visa requirements, Migration Agents can complete the required paper work on your behalf and often lodge the application for you which can shorten the time before obtaining your visa.

If your circumstances mean that you are unable to obtain the visa you want, a Migration Agent can provide you with other avenues or bridging visa options that you may wish to consider allowing you to obtain the visa you originally wanted at a later date.

Fees are usually determined based on the type of visa and the depth of services required for such assistance.

 Conclusion

All Migration Agents operating in Australia must be registered with the Migration Agents Registration Authority (MARA), are required to have a sound knowledge of migration law and procedure and must abide by a very strict code of conduct when dealing with their clients and with the Department of Immigration and Border Protection.

To be registered, an agent has to demonstrate that they have deep knowledge of the laws and regulations of Australian Immigration by successfully completing a PostGraduation course in Immigration Law.

If you need more information or if you need assistance or advice on how to proceed please call us on on 07 3281 6644 or email mail@powerlegal.com.au.

What it means now 457 visas have been axed

The Temporary Work (Skilled) Visa program (457 visa) commenced in 1996 with the objective of addressing genuine skill shortages in the Australian labour market. Employers (known as business sponsors) could recruit overseas workers for skilled positions for which they could find no suitable local candidates

The 457 visa allowed migrants to work in Australia for four years and for many, provided a pathway for permanent residency. Visa holders could also apply to bring family members to Australia on a 457 secondary visa.

In April 2017, the Government announced that the 457 visa will be abolished and replaced with a completely new skilled migration scheme. Changes will be implemented in stages with a new Temporary Skill Shortage (TSS) visa anticipated to be fully operational, and the 457 visa obsolete, by March 2018.

The reforms are expected to improve the integrity of Australia’s skilled migration program which has previously been subject to exploitation, and to increase the supply of Australian skilled labour by encouraging employers to invest in local training and development.

Visa applicants will face more stringent processes for securing a visa and businesses will have fewer alternatives and higher requirements for sourcing skilled labour from overseas. Several occupations have been removed from the eligible categories list and higher thresholds must be met for the grant of a visa.

This article explains the implications of the reforms to employers and visa holders.

The new TSS visa – what it means for visa applicants and employers

The TSS visa will comprise a short-term and medium-term stream.

The short-term stream will permit employers to fill temporary skills gaps identified from a list of occupations on the Short-Term Skilled Occupations List (STSOL) for two years.

The medium-term stream targets long-term skills gaps and is designed to fill more narrowly-defined and highly-skilled occupation categories appearing on the Long-Term Strategic Skills List (MLTSSL). This visa will last for four years.

Less occupations available for visa grants

The STSOL and MLTSSL replace the previous listings of eligible occupations for skilled migration, reducing the number of categories from 651 to 435. Of these, 268 will be available for the short-term (two year) visa and 167 for the long-term (four year) visa.

Amongst the most commonly-used occupations to be removed are human resource advisors, production managers in the manufacturing industry, sales representatives (industrial products), IT professionals (web developers) and training and development professionals. Other occupations and industries affected include accommodation and food services, biochemistry, performance and arts, legal workers and migration agents.

Shorter visa stays and less opportunity for permanent residency

The grant of a 457 visa enabled the holder to remain in Australia for up to four years and, if eligible, to apply for permanent residency after two years. The reforms have had a significant impact upon this.

The maximum duration for the short-term TSS visa will be two years with a once-only onshore renewal capacity. The visa will not provide an opportunity for permanent residency.

The maximum duration for the medium-term TSS visa will be four years with an onshore renewal capacity. The medium-term TSS visa will provide a pathway for permanent residency however visa holders will need to wait for three years before applying (as opposed to the two-year wait under the 457 visa).

Essentially, there will be fewer occupations and opportunities enabling work-related migration to, and permanent residency in, Australia.

More stringent processes for visa applicants

Short-term and medium-term visa applicants will need to demonstrate at least two years’ relevant work experience in their chosen occupation category. This was not previously necessary under the 457 program.

The minimum age limit for a temporary work visa under the previous system was 50 years – this has been reduced to 45 years.

Official criminal clearances will be mandatory for both categories as opposed to the self-declaration system used previously.

Higher standards of English proficiency will apply – applicants for a short-term visa will need a minimum EILTS (or equivalent) score of 5 with a minimum of 4.5 in each test component and applicants for a medium-term visa will require a minimum of IELTS 5 (or equivalent test) in each component. The exemption for certain applicants to meet the English language requirement (currently those whose salary is over $96,400) will be removed.

Visa holders will need to provide Tax File Numbers to the Department of Immigration and Border Protection for cross-checking with the Australian Taxation Office to ensure conformity with salary requirements

More stringent processes for businesses

Businesses must pay visa holders a market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT) to ensure that overseas workers are not exploited and Australian workers cut out of a position.

Non-discriminatory workforce testing will also apply, designed to ensure businesses are not actively discriminating against Australian workers. Labour market testing will continue to apply in most cases.

Business sponsors will be required to contribute to a Skilling Australians Fund at the time of nominating a visa applicant. The fee will be $1,200 per year or part year for small business (with a turnover of less than $10 million) and $1,800 per year or part year for all other businesses.

The application fees for TSS visas will be higher than the 457 visa which was last set at $1,060. The fee for the short-term visa will be $1,150 and for the medium-term visa $2,400.

Business sponsors who fail to meet their obligations under the skilled migration visa scheme will be made public.

What about current 457 visa holders and applicants?

The reforms will not affect current 457 visa holders with existing conditions remaining intact.

Applicants for 457 visas who lodged an application on or before 18 April 2017, for an occupation that has been removed from the previous eligible categories, and the sponsoring business for the applicant, may be eligible for a refund of fees.

Conclusion

The reforms narrow the range of occupations available for overseas workers to apply for a visa and restrict businesses to fewer opportunities to recruit from overseas. The deletion of several occupations is considered more suited to Australia’s skills shortage and the overall changes necessary to protect Australian workers, discourage exploitation and encourage more investment in training and development.

The visa process is notoriously complex and the reforms have significant impact upon visa applicants and employers.

If you think you will be affected by the new reforms, or you know somebody who wants more information or needs help or advice, please contact us on 07 3281 6644 or email mail@powerlegal.com.au

Student visa

Student visa (subclass 500)

Features

This visa allows you to stay in Australia to study full-time in a recognised education institution. ​

Eligibility

You must:

  • be at least six years of age
  • have been accepted to study at an educational institution in Australia
  • have health insurance.

Length of stay

​Up to five years

Work and holiday visas

Work and holiday visas

Depending on your country of passport, you may be eligible for a temporary visa which allows you to holiday and work in Australia for up to a year.

There are two different types of working/holiday visa, depending on your country of passport:

  1. Working Holiday visa (subclass 417)
  2. Work and Holiday visa (subclass 462)

Skilled visas

Skilled Independent visa (subclass 189) (Points-tested) stream

Allows skilled workers who are not sponsored by an employer or family member or nominated by a state or territory government, to live in Australia permanently.

Eligibility:

You must:

have a relevant occupation

have a suitable skills assessment for the occupation

meet the points test pass mark of 60 points

be under 45 years of age at time of invitation

have Competent English

be invited by us to apply.

Length of stay:

Permanently

 

Skilled Nominated visa (subclass 190)

Allows skilled workers to live in Australia permanently.

Eligibility:

You must:

have a relevant occupation

have a suitable skills assessment for the occupation

meet the points test pass mark of 60 points

be nominated by a state or territory government agency

be under 45 years of age at time of invitation

have Competent English

be invited by us to apply.

Length of stay:

Permanently

 

Employer Nomination Scheme (subclass 186)

Allows skilled workers to live in Australia permanently

Eligibility:

You must:

be nominated by an approved Australian employer

are under 50 years of age, if you are applying under the Temporary Residence stream, or are under 45 years of age if you are applying under the Direct Entry stream

meet the skills, qualifications and English language requirements of the position

meet the other requirements of one of the streams of this visa.

Length of stay:

Permanently

 

Regional Sponsored Migration Scheme visa (subclass 187)

​Allows skilled workers to live in Australia permanently by working in regional Australia.

Eligibility:

You must:

  • be nominated by an approved Australian employer for a job in regional Australia (anywhere except the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne)
  • are under 50 years of age, if you are applying under the Temporary Residence stream, or you are under 45 years of age if you are applying under the Direct Entry stream.
  • meet the skills, qualifications and English language requirements of the position
  • meet the other requirements of one of the streams of this visa.

Length of stay:

​Permanently

Family visas

Partner visa Categories:

Spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen

Fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen

De facto partner with an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Parent Visa Categories:

Parent Visa (subclass 103)

Contributory Parent (Temporary) Visa (subclass 173)

Contributory Parent Visa (subclass 143)

Aged Parent Visa (subclass 804)

Contributory Aged Parent (Temporary) Visa (subclass 884)

Contributory Aged Parent Visa (subclass 864)

Child Visas

Child Visa

Dependent Child Visa