Non-citizens entering Australia are required to have visas, which are permits that can allow either temporary stay or permanent stay. Visas are issued by officers of the Department of Immigration and Citizenship (DIAC) (s.29 Migration Act 1958 (Cth) ("Migration Act")). Since the abolition of the "entry permit" system (from 1 September 1994) this is the only document required for travelling to and entering Australia.
The Migration Act (s.29(1)) defines a visa as meaning permission for a non-citizen to travel to, enter, or remain in Australia.
Possession of a visa indicates to carriers, such as airlines, and to Australian immigration officials that an examination has been carried out overseas, and that the person has satisfied the requirements for the type of entry specified in the visa. Generally, the possession of a visa at the border (called "immigration clearance") gives the holder a right to enter the country for the period stated in the visa.
This does not mean that all persons granted visas will be cleared by DIAC: the Department has the power to cancel the visa either before or after entry to Australia (ss.109, 116, 128, 134, 140, 501). The holders of valid visas, however, are entitled to be granted entry unless a serious problem (for example, involving health, character, or fraud in obtaining the visa) becomes evident.
Usually, an airline would not allow a passenger to travel to Australia without a visa, and a person so travelling would probably not be granted a visa on arrival (although a "border visa" is available in some circumstances to genuine visitors etc., who may simply have forgotten to obtain a visa before flying to Australia).
A non-citizen who enters Australia without a visa and who is not immigration-cleared, or who overstays a visa, becomes "unlawful" (s.14(1)) and is therefore liable to removal (see: "Removal and deportation", below).
A temporary visa may be granted subject to a condition imposing restrictions on the work that may be performed by the holder in Australia, including restrictions on performing any work, or work other than that specified (s.41(2)).
A person overseas (who is not already an Australian citizen or an Australian permanent resident) who needs a visa and wishes to live in Australia must have a permanent entry visa, which will be issued by an authorised overseas post when it has been established that the person concerned can meet Australian immigration requirements, as set out in the Migration Regulations 1994 (Cth) ("Migration Regulations").
A person who is granted a permanent visa and has then been through immigration clearance becomes a permanent resident of Australia. Such a person will have most of the rights of an Australian citizen, except for the right to vote (there are some exceptions for certain British subjects) and to hold public office. Social security payments are generally not available within the first two years of entry (except special benefits).
An authorised officer may grant a visa to a person for a single journey, a specific number of journeys, or for any number of journeys to or from Australia while the visa remains in force.
A person who enters Australia as the spouse of a person with a visa, and whose name is included in the passport or other document of identity, is deemed to be included in the visa if that visa is so endorsed (s.83(1)).
A child who enters Australia with a parent, and whose name is included in the passport or other document of identity of the parent, is deemed to be included in any visa granted to that parent (s.83(2)). A child born in Australia to such parents is taken to have been granted at birth a visa of the same kind as its parents (s.78).
If a person resident in Australia leaves the country even temporarily, the original visa ceases to be in effect (unless it specifically authorises re-entry or "multiple travel"). There are approximately a million permanent residents in Australia who are subject to this rule, i.e. if they leave the country they have no automatic right to return. Australian residents going abroad must therefore ensure that they possess a resident return visa prior to departure. When permanent residence is granted, it currently includes a five-year multiple return visa, but older residents must specifically obtain one at DIAC or, after leaving Australia, at any overseas Australian consulate or embassy (s.79).
A resident return visa may be granted to an Australian permanent resident who is residing or has resided in Australia and wishes to return. A resident return visa will not be granted to the holder of a temporary visa. However, holders of temporary visas often have permission to travel to and from Australia on any number of occasions, and this is endorsed on the visa label in their passports.
Where a non-Australian citizen who does not have a visa is transported to Australia, the master, owner, agent, charterer and operator of the vessel (which includes an aircraft) is guilty of an offence and liable to a fine of up to $10,000 (s.229).
An offence is not committed if the master, owner etc. of the vessel satisfies the court that the person possessed a current visa when boarding the vessel, or that the vessel entered Australia because of the illness of a person on board, stress of weather or other circumstances beyond the master's control (s.229(5)).
There are more than 40 different classes of permanent visa under the Migration Regulations. There are also more than 70 different classes of temporary visa. The criteria are set out in the Migration Regulations and explained in the Procedures Advice Manual, a manual developed by DIAC and on display in the Freedom of Information section of DIAC, at 2 Lonsdale Street, Melbourne.
The main classes of visa are set out below, together with the general criteria needed to meet them.
Visitors' visas are available at overseas Australian posts to applicants seeking to visit Australia for a short period for such purposes as tourism (sightseeing), business (negotiations, discussions, inspections, etc.), seeing relatives or friends, or pre-arranged medical treatment. Generally, sponsorship is not required (although a 3- to 12-month "sponsored" visitor visa can now be applied for; this requires a formal sponsorship from an Australian relative and, often, the payment of a "bond" of up to $15,000, which is recoverable only if the visa applicant leaves Australia within the period of the visa) (Subclass 679 visa).
Visitors' visas are refused where applicants clearly do not intend bona fide (i.e. in good faith) visits in accordance with their type of visa. If there are doubts, authorities issuing visas are required to make whatever inquiries they consider necessary, including personal interviews, to resolve the doubts before taking any decision. Applicants for visitors' visas are sometimes required to sign a declaration that on arrival in Australia they will be in possession of a return or onward passage ticket and sufficient funds to maintain themselves in Australia for the length of the proposed visit, and that they will not engage in employment or formal studies (i.e. studies leading to a qualification) in Australia and will not apply to become a permanent resident. Sometimes a special condition is put on their visa (Condition 8503 "No further stay"). This last undertaking or visa condition (which is mandatory for sponsored visitor visas) means it is very difficult, but not impossible, to apply for, and be granted, permanent residence after entry for a temporary stay (see: "Changing status", below).
Possession of a visitor visa generally ensures that immigration clearance is granted on arrival (e.g. business visitor, tourist, etc.). It is still possible to arrive and obtain a "Border visa" (Subclass 773) if it can be shown that the person would have been granted a visitor visa in any case, had they applied overseas, or in a narrow range of other circumstances. However, approximately 1,500 people per year are "turned around" at Australian airports, because they are not considered to be genuine visitors. They are refused immigration clearance, their visas (if they have one) are cancelled and (if they do not apply for refugee status) they are placed back on the same aircraft (usually) that brought them to Australia only hours before.
For people visiting Australia for holidays, tourism, recreation or to see family and friends.
ETA (Visitor) (Subclass 976): An electronically stored authority for short-term visits to Australia of up to three months on each arrival (the visa lasts for 12 months or the life of the passport, whichever is the shorter). Available to passport holders from a number of countries and regions, who are outside Australia.
eVisitors (Subclass 651): An electronically stored 12 month authority for visits to Australia for tourism or business purposes for up to three months on each arrival. Available to passport holders from the European Union and a number of other European countries, who are outside Australia.
Tourist visa (Subclass 676): A temporary visa allowing a stay in Australia of up to three, six or 12 months. Applicants can apply from both outside and in Australia. Some tourists are eligible to lodge an online application for an e676 Tourist visa.
Sponsored Family Visitor visa (Subclass 679): For people seeking to visit family in Australia for a stay period of up to 12 months. Formal sponsorship by an Australian citizen or permanent resident is required.
The application must be accompanied by:
- a passport-type photograph signed on the back by the applicant; and
- a passport valid for travel to Australia and usable for six months longer than the intended stay in Australia.
A medical examination of applicants seeking less than 12 months stay is not required as a general rule and is sought only where a serious doubt arises about the health of an applicant. In assessing whether to request a medical examination the prime concern of an officer is to avoid the possibility of visitors to Australia representing a health risk to the Australian community.
An Electronic Travel Authority (ETA) allows citizens of certain countries to apply for a visa through their travel agents or online (see: www.immi.gov.au/visitors/tourist/976). The visa is not stamped or placed in the passport, but is issued electronically. An ETA allows for a stay of up to three months, or three months on each arrival if the ETA allows multiple re-entries to Australia over a longer period (such as for the life of the person's passport in a Subclass 956). To be eligible to apply for an ETA, you must:
- be outside Australia; and
- hold a citizen passport of an ETA eligible country.
For eligible passports holders, ETAs are available through a travel agent, airline, specialist service provider or an Australian visa office outside Australia. These are citizen passports issued by the following countries.
Following is the list of countries from where eligible, citizen passport-holders can apply for a visa through a travel agent, airline, specialist service provider or Australian visa office outside Australia.
| Andorra | Malaysia |
| Austria | Malta |
| Belgium | Monaco |
| Brunei | The Netherlands |
| Canada | Norway |
| Denmark | Portugal |
| Finland | Republic of San Marino |
| France | Singapore |
| Germany | South Korea |
| Greece | Spain |
| Hong Kong (SAR)* | Sweden |
| Iceland | Switzerland |
| Ireland | Taiwan** |
| Italy | United Kingdom - British Citizen |
| Japan | United Kingdom - British National (Overseas) |
| Liechtenstein | United States of America |
| Luxembourg | Vatican City |
* A Hong Kong Document of Identity (HKDI) cannot be used to apply for an ETA. Residents of Hong Kong require a citizen passport to apply for this visa.
** Holders of Taiwan passports can only be processed for an ETA if residing and applying in Taiwan. Applications can be lodged with an approved ETA Travel Agent in Taiwan, or Australian Visa Services office in Taipei.
Following is the list of countries from where eligible, citizen passport-holders can apply for a visa online.
| Brunei | Malaysia |
|---|---|
| Canada | Singapore |
| Hong Kong (SAR) | South Korea |
| Japan | United States of America |
European passport holders who are eligible to apply for an ETA through a travel agent, airline or specialist service provider should apply for an eVisitor if applying online.
To be eligible to apply for an eVisitor, you must:
- be outside Australia; and
- hold an eVisitor eligible passport.
Following is the list of countries from where eligible, citizen passport-holders can apply for an eVisitor.
| Andorra | Lithuania |
| Austria | Luxembourg |
| Belgium | Malta |
| Bulgaria | Monaco |
| Cyprus | The Netherlands |
| Czech Republic | Norway |
| Denmark | Poland |
| Estonia | Romania |
| Finland | Republic of San Marino |
| France | Slovak Republic |
| Germany | Slovenia |
| Greece | Spain |
| Hungary | Sweden |
| Iceland | Switzerland |
| Ireland | United Kingdom - British Citizen |
| Italy | United States of America |
| Latvia | Vatican City |
| Liechtenstein |
Note: Holders of a British National Overseas (BNO) passport are not eligible to apply for an eVisitor. For information on an appropriate visa go to www.immi.gov.au. To apply for an eVisitor visa go to www.eta.immi.gov.au/index.html.
Immigration policy states that relevant considerations may include, but are not limited to:
- personal circumstances that may encourage the applicant to leave Australia at the end of the proposed visit;
- the applicant's immigration history (for example, previous travel, compliance with immigration laws of Australia or other countries, previous visa applications/compliance action);
- personal circumstances in the applicant's home country that may encourage them to remain in Australia (for example, military service commitments, economic situation, civil disruption);
- conditions that may encourage the applicant to remain in Australia;
- the credibility of the applicant in terms of character and conduct (for example, false and misleading information provided with visa application);
- whether the purpose and proposed duration of the applicant's visit, and proposed activities in Australia are reasonable and consistent (for example, the period of stay is consistent with tourism); and
- information contained in statistical, intelligence and analysis reports on migration fraud and immigration compliance developed by DIAC about nationals from the applicant's home country. Such information developed as profiles may assist assessing officers in determining whether closer examination of an application is required to ensure the integrity of the visitor visa program.
Personal circumstances that may encourage the applicant to return to his or her home country (home country being country of usual residence), include:
- on-going employment;
- the presence of immediate family members in their home country, that is, does the applicant have more close family members living in their home country than in Australia;
- property, or other significant assets, owned in their home country;
- the applicant's economic situation, including unemployment or employment that, based on knowledge of local employment conditions, such as salary rates, would not constitute a strong incentive for the applicant to leave Australia; and
- currently residing in a country whose nationals represent a low risk of immigration non-compliance, even though the applicant is originally from a country whose nationals represent a statistically higher risk of non-compliance.
Consideration of the applicant's immigration history, may include but is not limited to:
- previous travels to Australia (that is, has the applicant previously travelled to Australia? Did they comply with the conditions of their visa? If not, were the circumstances beyond their control? Did they depart prior to the expiry of their visa?);
- previous visa applications for Australia (that is, has the applicant previously applied for a permanent Australian visa?); and
- previous travels overseas (that is, has the applicant travelled to countries other than Australia? Has the applicant previously travelled to a country where there would be significant incentives for them to remain and complied with the immigration laws of that country?). Officers may give weight to applicants who had travelled to and complied with the immigration laws of country(ies) that have significant incentives for the applicant to remain in that country(ies), either for economic or personal reasons, when assessing this factor. However, officers may have to use judicious discretion where there is a lack of travel history.
Conditions that may encourage the applicant to remain in Australia, include:
- the applicant's personal ties to Australia (that is, does the applicant have more close family members living in Australia than in their home country? Is the applicant subject of adoption proceedings that have not been resolved in their home country?);
- military service commitments;
- civil disruption, including war, lawlessness or political upheaval in the applicant's home country; and
- economic disruption, including shortages, famine, or high levels of unemployment, or natural disasters in the applicant's home country.
Where consideration of the factors above raise doubts about the applicant's ability to meet the genuine visitor criterion, such as where the applicant's circumstances may suggest the need for greater scrutiny, officers may consider/request additional evidence to demonstrate that the applicant intends a genuine visit.
Officers may request further evidence from the applicant where considered appropriate, if departmental statistical or intelligence reports on migration fraud, or profiles based on such reports, indicate that there is a significantly greater likelihood of nationals from the applicant's home country:
- staying in Australia beyond the expiry of their visa;
- having their visa cancelled;
- being refused entry to Australia; or
- lodging protection visa (PV) applications.
Officers should, however, be aware that applicants matching the characteristics of a profile is not grounds to refuse to grant a visa. Profiles are merely an alert that closer scrutiny of the applicant's circumstances may be required. All applications must be considered on their own merits, taking into account all the information and supporting documentation provided by the applicant.
Additional evidence that officers may wish to consider to determine whether or not the applicant is a genuine visitor include:
- evidence that the applicant has been employed for at least the previous 12 months, has approved leave for the period of stay sought and will continue to be employed on their return home; or
- if self-employed, evidence they have owned their own business for the previous 12 months; or
- if retired/non-working, have other financial commitments and/or family/social ties that would provide sufficient inducement for them to return to their home country at the end of their visit; or
- good immigration history.
Generally, offers of support or guarantees given by family and friends in Australia are not sufficient evidence of a genuine visit. The onus is on the applicant to satisfy the decision-maker that they intend to only visit Australia. Guarantees from connections in Australia, can however be critical in assessing whether an applicant has, or has access to, adequate funds.
People who have had a visa cancelled while previously in Australia, or who overstayed their previous visa by more than 28 days are subject to a three-year ban on re-entry (cll.4013–4014, Sch.4).
Where a person wishes to visit a close relative in Australia but fits a profile of an overstayer (usually any citizen from a third-world country) it is often better to apply for a "Sponsored Visitor" visa, as this is more likely to be granted given that the Australian relative/sponsor usually has to pay a bond to ensure that the visa holder leaves the country (see: "Eligibility for a visa", above).
Once a visa is granted and a visitor enters Australia, they may wish to apply for extensions of stay. The maximum length of time is not generally set out in the regulations governing such extensions but the criteria to be satisfied in the visitor classes for another visa are as follows.
- The applicant has complied substantially with any conditions subject to which the visa was granted.
- The applicant satisfies character and health criteria.
- The applicant intends to comply with any conditions subject to which the visa is to be granted.
-
The applicant must also establish that:
- the visit is a genuine visit and that they have adequate financial support for the proposed period of stay; or
- because of financial hardship as a result of a change in circumstances since entering Australia, the applicant is likely to become a charge on public funds, and cannot leave Australia for reasons beyond their control, and has compelling personal reasons to work in Australia; or
- if a student, has completed their studies and wishes to remain in Australia as a visitor; or
- if the holder of a working holiday visa, there are exceptional reasons for the grant of a visitor visa to extend the stay.
It is not possible to apply for an extension of a visitor visa with Condition 8503 on it, unless that condition is removed. It can only be removed if events of a compassionate and compelling nature have occurred since the visa was granted which are beyond the control of the visa holder and which necessitate a further stay in Australia.
DIAC's policy is not to grant visitor visas that would extend a total stay beyond 12 months, except for students (above) or for other "exceptional" reasons.
Temporary residence is the entry for specified short- or long-term periods to engage in employment or other pursuits in Australia (not business discussion, negotiations, inspections, etc., which come within the visitors' entry category). This visa category applies whether or not the employment is for payment and, if for payment, irrespective of the source of the funds. It covers such major groups as:
- company staff, i.e. senior management and executive and specialist technical staff for Australian companies including branches of overseas companies, joint ventures, etc.;
- staff for tertiary and research organisations;
- parochial staff and religious trainees;
- staff for diplomatic and consular missions;
- service personnel for training, etc.;
- entertainers and sportspeople; and
- working holiday makers
The procedures generally involve sponsorship by the interested party in Australia (although no sponsorship is required for working holiday makers). People entering for temporary residence for a period of more than 12 months are often required to undergo health and character checking depending on their country of origin.
People approved for entry under temporary residence categories may be accompanied by their dependants (now including same-sex partners). Dependants of temporary residents may usually undertake employment or studies in Australia, depending on the particular temporary residence class. There are over 70 types of temporary residence visas in the regulations, all with different criteria to be met before a particular one can be granted to an applicant.
This is by far the largest group of temporary residents in Australia (currently about 70,000 primary visa holders). Applicants have to prove that they are being sponsored by an "approved" Australian overseas business, in connection with a business activity in Australia:
- the tasks of which correspond to the tasks of an occupation specified in an Australian Government Gazette Notice and are related to an occupation described in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) dictionary;
- which is of benefit to Australia; and
- for which they will be paid market rates for their occupation and this cannot be less than the Temporary Skilled Migration Income Threshold (TSMIT) (gazetted at $49,330 from 1 July 2011).
From 14 September 2009, all primary Subclass 457 visa applicants who are sponsored by a Standard Business Sponsor must demonstrate that they have English language proficiency that is equivalent to an International English Language Testing System (IELTS) test score of at least 5 in each of the four test components of speaking, reading, writing and listening. Prior to 14 September 2009, applicants required an average test score of at least 5 across the four test components. Where an applicant is being paid a base salary in excess of $88,410 English testing is not required.
Where the nominated occupation requires a higher level of English (equivalent to IELTS test score of more than 5 in each of the four test components) because it forms part of that occupation's registration, licensing or membership requirement, the visa applicant must have at least the standard of English language proficiency required for the grant of that registration, licence or membership.
This requirement affects all new Subclass 457 visa applications from 14 September 2009, as well as visa applications that were made before, but not decided by, 14 September 2009.
This category also covers those wishing to develop a business in Australia and/or are sponsored by a state or territory and who have a successful business overseas (turning over at least $300,000 per year for two out of the last four years) and assets of at least $500,000 to conduct or establish a business in Australia. This type of visa (called "Business Owner (Provisional)") normally authorises a stay of four years (see: Subclasses 160 & 163 in Sch.2).
Another four-year temporary visa in this category allows for investors who have assets of $1.125 million and who wish to invest a minimum of $750,000 in State Treasury bonds (see: Subclasses 162 & 165 in Sch.2 Migration Regulations).
People in this category may be considered for temporary entry only if they are nominated by an acceptable sponsor in Australia to undertake a specific engagement or program of engagements. The sponsor must be a person or body with good professional and financial standing who has consulted with relevant Australian unions in relation to the employment of the person from overseas.
Entertainers are permitted to enter Australia only for periods sufficient to enable them to meet their approved engagements (see: Subclass 420 in Sch.2 Migration Regulations).
The regulations provide for the temporary entry of sportspeople to undertake specific engagements in Australia. They must be sponsored by an acceptable entrepreneur or club. People considered to be of international repute, including those accepted as participants in international tournaments, may be granted a sports visa. People who are not of international repute but who have an established reputation in the field of sport, or judges, coaches and team assistants, can also be granted a sports visa if they are sponsored by an Australian sporting organisation with a good reputation in the sporting community and have entered into a formal arrangement about the sporting activities. They must also come within the approved maximum number of visas for that particular sport (see: Subclass 421 in Sch. 2 Migration Regulations).
Domestic servants may be brought to Australia for temporary stay by diplomatic and consular representatives and by persons admitted for temporary residence as the chief executives in Australia of substantial overseas firms (see: Subclasses 426 & 427 in Sch.2 Migration Regulations).
Regulations provide for the entry of persons, irrespective of denomination, who are authorised by their organisation to undertake work in Australia directly serving the organisation's religious objectives (see: Subclass 428 in Sch.2 Migration Regulations).
The aim of the working holiday maker scheme is to promote international understanding by providing opportunities for young people to gain experience of other countries. The scheme makes it possible for young people who are resourceful, self-reliant and adaptable and who wish to holiday and travel in Australia to work to supplement their funds.
To be eligible for entry or stay in Australia as a working holiday maker, a person must (see: Subclass 417 in Sch.2 Migration Regulations):
- be single or married without dependent children;
- be aged between 18 and 31 years; and
- be a national of one of the following countries with which Australia has a working holiday maker arrangement: United Kingdom, Republic of Ireland, Italy, France, Belgium, Finland, the Netherlands, Republic of Cyprus, Canada, Germany, Malta, Norway, Sweden, Denmark, Estonia, Japan, Hong Kong, Korea and Taiwan.
In all cases, applicants must:
- lodge an application for a visa to enter Australia for a working holiday (Form 1150) and pay the prescribed fee; and
- satisfy the Minister that:
- they have sufficient funds for a return fare and to support themselves in Australia for the initial part of the proposed holiday period; and
- the prime intention is to holiday in Australia and that any work performed will be incidental to that purpose and will not exceed six months with the same employer; and
- they will have reasonable prospects of obtaining temporary employment to supplement holiday funds; and
- formal studies, other than a short-term non-formal course, will not be undertaken while in Australia; and
- they will depart Australia at the end of the temporary stay.
Working holiday makers may apply for a second 12-month working holiday visa if they can show that they have worked at least three months in particular primary industries such as fishing, pearling, butchering and forestry or doing seasonal harvest or building construction work in regional Australia.
Where to lodge applications
Citizens of the United Kingdom, Republic of Ireland, Italy, France, Belgium, Finland, the Netherlands, Germany, Canada, Korea, Norway, Sweden, Denmark or Estonia aged between 18 and 31 years may apply for working holiday maker visas at any Australian processing office overseas (but not in Australia). Japanese, Maltese, Hong Kong, Cyprus, Korean and Taiwan citizens must apply in their own country in accordance with Australia's working holiday agreement with those countries.
If the applicant has entered Australia previously as a holder of a working holiday visa then they must post their application to the E-visa WHM National Processing Centre, PO Box 1269, Cairns, Queensland 4870.
This is a visa is for tertiary educated people aged 18 to 30 who are interested in a working holiday of up to 12 months in Australia but who do not come from one of the countries with whom Australia has a working holiday arrangement (see: "Working holidays for young people", above). The subclass 462 visa allows applicants to supplement the cost of their holiday through periods of temporary or casual employment. Most countries under this visa program have an annual limit of 100 Work and Holiday visas per year. Currently, the Work and Holiday visa arrangement is in place for people from Chile, Thailand, Turkey and the United States.
Australia has also signed a Work and Holiday visa arrangement with Bangladesh; however, this arrangement is not yet in effect and therefore it is not possible for people from Bangladesh to apply for this visa. Information about the commencement of this arrangement will be published on DIAC's website when it is finalised.
Applicants are considered for temporary residence for diverse purposes such as limited staff appointments to universities, representatives of news media, staff of travel agencies and service personnel for training. The Migration Regulations also provide that overseas firms who are successful tenderers may send their own technicians to Australia to install and service machinery and computers, etc.
Evidence of funds for some visitor and temporary visa classes should be in the form of passbooks, account statements and letters from banks or other financial institutions. Letters should be on letterhead, dated and signed.
Adequate funds to cover initial period of stay could vary, depending on:
- the proposed length of stay and the extent of travel proposed; or
- the extent to which accommodation and other assistance will be available from relatives and friends in the initial period after arrival.
As a guide, approximately $A5,000 (in addition to funds for a return airline ticket) could be regarded as being sufficient to cover the costs of an initial stay for an applicant who intends to stay in Australia for at least six months (refer to the Procedures Advice Manual topic "Temporary Residence" for more information).
Visitors and temporary residents in Australia may apply for change of status to another temporary class or a permanent class if they meet the legal requirements of that particular class. Visitors and temporary residents wishing to change status to another temporary or permanent class must meet the criteria of that class set out in Schedule 2 of the Migration Regulations.
This visa is available to an applicant in Australia (see: Subclass 804 in Sch.2 Migration Regulations) who:
- is a parent of an Australian citizen or permanent resident who has been resident in Australia for a reasonable period; and
- meets the balance of family test; and
- is old enough to be granted an Age Pension under the Social Security Act 1991 (Cth) (for men this is 65 years; for women the age is between 60 and 65, according to the sliding scale of eligibility; see: "Age pension", in Chapter 7*1 Social Security Payments).
This visa is available for the same aged parents who would also qualify for the normal aged parent visa (see above) but who can afford to pay $37,965 per adult extra, plus have their sponsors lodge a $10,000 Assurance of Support bond plus $4,000 for each family member (i.e. spouse, children etc) for 10 years as a guarantee that the visa applicants will not access social security payments in that time. The advantage of this "rich" parent visa is that 3,500 to 4,000 places are generally made available each year and aged parents will get their visas much more quickly (12 to 18 months) than those applying under the normal aged parent category, whose waiting time can be up to 15 years.
This visa is available to an applicant in Australia who is a dependent child of an Australian citizen or permanent resident.
A dependent child is defined as the natural or adopted child of a person. The child must be less than 18 years, and unmarried (and not engaged to be married). If the child has turned 18 years, they must be dependent or at least substantially incapacitated for work because of a physical or mental impairment (see reg.1.03 Migration Regulations).
Note that dependent is also defined in regulation 1.05A to mean someone who is "wholly or substantially dependent on another person for financial support" (except for certain refugee visas which allow for psychological and physical dependence).
This visa is available to an applicant in Australia who meets the criteria for:
- Subclass 836: Carer visa (see: "Who are 'other family' relatives?", under "Family migration", below for definition);
- Subclass 838: Aged dependent relative visa (see: reg.1.03 for definition);
- Subclass 835: Remaining relative visa (see: reg.1.15 for definition);
- Subclass 837: Orphan relative (see: reg.1.14 for definition),
and who is:
- the relative of a settled Australian citizen or permanent resident who has nominated the applicant and who is usually resident in Australia.
Since 1 September 1994, New Zealand citizens who come to Australia are only granted temporary residence (Subclass 444 visas). However, they are eligible to apply for permanent visas in the same way as any other non-citizens (with reduced fees) and unlike most other intending migrants, New Zealand citizens do not have to apply offshore.
This visa is available to an applicant in Australia who has previously been a permanent resident and spent the greater part of their life in Australia as a permanent resident and has maintained, business, cultural or personal ties with Australia and is under 45 years of age.
This visa is available to an applicant in Australia who has previously applied overseas to enter Australia permanently and has been allowed to enter Australia on a provisional basis, subject to proof that certain outstanding criteria will be proved after entry (see: Subclass 808 in Sch.2 Migration Regulations).
This visa is available to applicants within Australia who have been granted refugee status (see: Subclass 866 in Sch.2 Migration Regulations).
This visa is available to an applicant in Australia who has occupational skills that are in demand in Australia. The person must not be a visitor or an unlawful non-citizen and must hold a temporary residence visa at the time of applying.
The person must meet the requirements of:
- being positively assessed by the relevant skills assessing authority as having the skills suitable for a gazetted occupation and having been employed for three years in the position; or
- being paid a salary of at least $165,000 in the nominated occupation; or
- having worked full-time in the relevant occupation for at least two years in Australia and at least one year with the nominating employer.
This visa is available to an applicant who:
- has an internationally recognised record of exceptional and outstanding achievement in one of the following areas:
- a profession;
- a sport;
- the arts; or
- academia and research; and
- is still prominent in the area; and
- would be an asset to the Australian community; and
- would have no difficulty in obtaining employment, or
- in becoming established independently in Australia in the area; and
- produces a nomination testifying to their achievement and standing in the area from:
- an Australian citizen; or
- an Australian permanent resident; or
- an eligible New Zealand citizen; or
- an Australian organisation,
having a national reputation in relation to the area; and
- if the applicant has not turned 18, or is at least 55 years old, at the time of application.
- Subclass 885 – Skilled: Independent Overseas Student visa
- Subclass 886 – Skilled: Australian Sponsored visa
- Subclass 887 – Skilled: Designated Area Sponsored (Permanent) visa
These Subclasses were created on 1 September 2007 and took over from previous visas (Subclasses 880, 881 and 882) that were abolished to cater for overseas students who wish to apply for permanent residence purely on the basis of their recently acquired Australian qualifications. They partially "mirror" the current offshore Migration visas (see: "The points test", below) and allow international students who have completed at least two years of academic studies in Australia and nominate a skilled occupation worth at least 50 points on the Skilled Occupation List (SOL) to apply in Australia within six months of completing their studies and not be required to have any work experience in the nominated occupation. A points test applies.
Students who complete a qualification in certain engineering disciplines may apply for an 18 month temporary visa (Skilled – Recognised Graduate (Temporary) visa (Subclass 476)) so as to gain work experience in their proposed occupation in Australia. They may then apply for one of the above permanent visas.
Other options for overseas students
Skilled – Graduate (Temporary) visa (subclass 485): This visa allows overseas students who do not meet the points test for a permanent General Skilled Migration visa to remain in Australia for 18 months to gain skilled work experience or improve their English language skills, which might then allow them to pass the points test or gain sponsorship by an Australian employer. Holders of this visa may apply for permanent residence at any time if they are able to meet the passmark on the General Skilled Migration points test (see: "The points test", below). This visa requires that overseas students meet the following criteria:
- is under 45 years of age;
- have in the last six (6) months completed an eligible qualification(s) as a result of at least two (2) years study in Australia; and
- has the skills and qualifications that meet the Australian standard for an occupation on the SOL and their nominated occupation is classified as either a 60 point occupation or a 50 point occupation.
This visa is available to an applicant in Australia who has been in a genuine marital relationship (either heterosexual or homosexual) with an Australian citizen or resident for at least two years and has held, during that period, a Subclass 820 Partner (Temporary) visa or a Subclass 824 Interdependent (Temporary) visa. The two-year wait is waived for long-term marriages/relationships (i.e. those that have lasted five years at the time of application, or two-year relationships and there is a child of the relationship).
The relationship must be genuine and continuing until the date of decision whether to grant the visa, unless:
- the Australian partner has died and the widow or widower would have continued with the relationship if the partner had not died, and has developed close business, cultural or personal ties in Australia; or
- the relationship has ceased during the minimum two-year period of temporary residence as the partner of an Australian citizen, due to family violence by the Australian partner; or
- the marriage has ceased during the two-year period, but the applicant has custody or joint custody of at least one child, in respect of whom a court has granted joint custody or access or a residence order or contact order to the Australian party, or the Australian party is subject to a formal maintenance obligation or other obligation under the Family Law Act 1975 (Cth) (see: Subclass 801 in Sch.2 Migration Regulations).
This visa is also available to applicants who have entered Australia on a Subclass 300 Prospective Marriage visa and have married the person named in their application (see: Subclass 831 in Sch.2).
This visa is available to an applicant in Australia who has been granted territorial asylum by a Minister. (This is different from refugee status, and is very rare; see: Subclass 800 in Sch.2 Migration Regulations.)
In addition to the above, the Government from time to time introduces special temporary or permanent visas as a humanitarian response to people temporarily in Australia. At the time of writing (July 2011), the Humanitarian Stay (temporary) visa (Subclass 449) exists. This visa requires an initial invitation from an Australian Government official and cannot be initially granted inside Australia.
The Subclass 785 and 786 visas have also been created to allow a three-year temporary stay for certain asylum seekers who arrived by boat during certain periods in the past and certain holders of Temporary Safe Haven visas. They are not currently in use for boat arrivals who are found to be refugees as they are now granted a permanent visa (Subclass 866). However, the Government has stated that it is planning to change its policy again and have a harsher attitude towards asylum seekers who arrive unauthorised by boat (as opposed to asylum seekers who arrive on tourist visas). The Government has decided to move future boat arrivals "off-shore" to a Regional Refugee Processing Centres which will be expected to house such refugees until various countries are willing to take them. The Government is negotiating with several countries in our region to build such a centre.
The Subclass 695 (Return Pending) visa can be granted to holders of Subclass 785 visas who have lost their application to stay permanently but who are seen to need a further 18 months to arrange their departure.
The Subclass 852 Witness Protection (Trafficking) (Permanent) visa allows a person to stay in Australia after giving evidence against a trafficker. If the Attorney-General certifies that the person has made a significant contribution to the prosecution of a trafficker and the Minister is satisfied that the person's life would be in danger upon return to their home country this visa can be granted in the same way that a protection visa is granted to a refugee.
Permanent residence is difficult to apply for once a person's temporary visa has expired. Applicants who are in this position (i.e. unlawful non-citizens) should get legal advice about their situation before approaching the Department.
ENTRY TO AUSTRALIA :: Last updated: Thu Jul 1st 2010

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