Australia

Temporary Visas

A working holiday visa (subclass 417): Allows 18- to 30-year-olds to study, travel and work for up to one year (you can work for just six months with one employer). The visa can be extended by a year by working for three months in a regional or rural area. You cannot bring dependent children on this visa.

Temporary Skill Shortage Visa (subclass 482): The TSS visa, which recently replaced the 457 programme, was met with a certain degree of scepticism when it was announced last year for its “Australians first” policy.

The 457 scheme was incredibly popular with workers as it allowed them to live in Australia with their families for up to four years if they had sponsorship.

The TSS visa is more restrictive, and allows employers to source overseas workers to address temporary skill shortages. The visa is available as either a short-term (1-2 years) or medium-term (up to four years) solution.

The threshold for qualification is now higher than it used to be, with fewer places available. You must be sponsored by an employer before you apply and be deemed to be filling a genuine skilled labour shortage from a list of eligible skilled occupations.

Student Visa (subclass 500): Allows full-time students to work 40 hours a fortnight. It is becoming increasingly popular (allegedly among working holiday visa holders looking to stay on in Australia).

Permanent Visas

Permanent Residency: All permanent residence visas allow you and family members who have been granted this visa on the same application to stay in Australia indefinitely. Becoming a permanent resident entitles you to Medicare (Australia’s healthcare scheme), to apply for Australian citizenship if you are eligible, to sponsor eligible relatives for permanent residence, and to travel to and from Australia for five years from the date of issue (after that time, you will need a resident return visa or another visa to return to Australia if you leave).

Most long-stay visa schemes are offered under Australia’s skilled migration programme, which is based on the country’s economic needs and skill shortages.

Most permanent residence visas are points-based. Applicants must pass an English test, have a set amount of work experience in an occupation on the consolidated sponsored occupations list, and meet age requirements for the visa type.

All applicants for points-based programmes must submit an online expression of interest through SkillSelect on the Department of Home Affairs. If the criteria are met, the applicant will be invited to lodge a formal visa application (they will suggest which visa you should apply for). The applicant will be asked if they are willing to live and work in regional Australia. Saying yes increases the chance of approval if employers are experiencing regional skill shortages in certain areas of the country.

The list of eligible skilled occupations for all of Australia currently has over 400 occupations listed. Each state or territory has its own separate list with additional occupations in demand, so check both before applying. Note that these lists, as well as the application criteria, change regularly to meet immigration needs. Many skilled workers will need a skills assessment to have their qualifications accredited (assessing authorities are listed on the skills shortage list). The assessment usually costs about A$500.

Regional Sponsored Migration Scheme (subclass 187): For people who want to work in regional Australia. You must be nominated by an approved Australian employer whose occupation is on the skills shortage list for a particular state or territory in regional Australia (which excludes the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne). It is a permanent residence visa designed to encourage skilled workers to move to regional areas. Applicants must be under 45 years of age.

Employer Nomination Scheme (subclass 186): Allows employers to sponsor highly skilled workers for permanent residency. You must be under 45 years of age.

General Skilled Migration programme: Workers whose occupation is on one of the skills shortage lists but don’t have an employer to sponsor them need to submit an expression of interest and then be invited through SkillSelect to apply. If a territory or government agency decides to nominate you after receiving your expression of interest, you will be invited to apply for a Skilled Nominated Visa (subclass 190).

If your occupation is not on the state list for the place you want to move to, but is on the national list, you can apply for a Skilled Independent Visa (subclass 189).

Citizenship

If you have permanent residence and are considered “of good character”, you are entitled to apply for Australian citizenship. This will give you the right to vote, to apply to work in the public service or defence forces, to seek election to parliament, to apply for a passport and to travel freely to and from Australia, to receive help from Australia while overseas if needed, and to register children born overseas as Australian citizens by descent.

The requirements for an Australia Skilled Visa are as follows:

• Age – you must be under 45 when you apply;
• English Language – you should have sufficient ability in the English language to work in Australia (at least at a competent level);
• Nominated Occupation – when you apply you nominate a skilled occupation, which fits your skills and qualifications. This occupation must be found on the Medium and Long-term Strategic Skills List;
• Skills Assessment – before you apply, you must have your skills assessed by the Australian assessing authority designated to assess your nominated occupation (which will usually have specific qualifications requirements);
• Health Assessment – you should be of reasonably good health and all applicants must have their health assessed by a panel doctor and undergo a medical examination; and
• Character Assessment – you should be of good character and this too will be assessed.

If you are unable to meet the new visa Basic Requirements and pass the Points Test, then you should not continue with a General Skilled Migration to Australia application.

The Online Eligibility Assessment is based on the immigration points system determined by the Australian Department of Immigration and Border Protection (DIBP). The assessment calculates whether you have enough points, and are therefore eligible to immigrate to Australia under one of the Skilled Visa classes. A positive result does not guarantee visa success; it simply means you have the requisite or minimum number of points deemed necessary by the Australian Department of Immigration and Border Protection (DIBP).

Applicants for provisional, permanent and a small number of temporary visas are required to have read, or had explained to them, material made available by the government on life in Australia which is contained in the Life in Australia book. These applicants are also asked to understand what may be required of them if they apply for Australian citizenship. This statement is included in affected visa application forms and all applicants aged 18 years and over will need to sign the statement.

You must sign this statement if you are aged 18 years or over.

I confirm that I have read, or had explained to me, information provided by the Australian Government on Australian society and values.

I understand:

• Australian society values respect for the freedom and dignity of the individual, freedom of religion, commitment to the rule of law, Parliamentary democracy, equality of men and women and a spirit of egalitarianism that embraces mutual respect, tolerance, fair play and compassion for those in need and pursuit of the public good
• Australian society values equality of opportunity for individuals, regardless of their race, religion or ethnic background
• The English language, as the national language, is an important unifying element of Australian society.

I undertake to respect these values of Australian society during my stay in Australia and to obey the laws of Australia.

I understand that, if I should seek to become an Australian citizen:

• Australian citizenship is a shared identity, a common bond which unites all Australians while respecting their diversity
• Australian citizenship involves reciprocal rights and responsibilities. The responsibilities of Australian Citizenship include obeying Australian laws, including those relating to voting at elections and serving on a jury.

If I meet the legal qualifications for becoming an Australian citizen and my application is approved I understand that I would have to pledge my loyalty to Australia and its people.

Signature of Applicant

The reasons listed below will give you some possible indications as to why your visitor visa may be refused from Immigration:

• Financial Requirement

The applicant did not meet the financial requirement, which states that you need to have sufficient funds that are genuinely available to you, to pay for your travel and living costs for you and your accompanying family members while you are in Australia. Immigration wants to see at least $5,000 AUD in your bank account prior to coming to Australia. When using a sponsor for the financials in a higher assessment level country, the applicant or the sponsor should provide at least a minimum of 3 months of previous bank statements before the lodgment of the application for a visitor visa. If you do not provide this evidence or information with your application or when you are asked to do so by your case officer, your application could end up a refused visa. You would also need to show the sources of income if you use your personal bank account to meet the financial requirement for the visitor visa. You need to submit the evidence such as your employment (pays lips, employment statement etc.), or the evidence of your own business if any. If there is any large transaction displayed in your bank account, then it would be best to provide a clear explanation as to where this money comes from to avoid confusion from the case officer.

• No Sufficient Incentives to Return to Your Country

You could also have a visa refusal if the applicant has a big gap of unemployment or education and that the visitor did not provide enough evidence to demonstrate why they could not get a job in their country of residence or for why they stopped working. This will be a reason as to why you would not have incentive to return to your home country, as you are not established in this country. If you are currently not working in your home country, you will also need to provide a clear explanation on why you are unemployed and who is supporting you in the home country. This has to be clear with sufficient evidence presented to the Department of Immigration. You would also need to show that you have strong family ties in your home country such as having immediate family members, husband, wife, children, parents and siblings and you will need to return to your home country due to family commitments.

• Giving a Fraudulent or Bogus Document

If you give Immigration a fraudulent or bogus document, this may result to qualify you for the public interest criteria PIC4020. An example of this would be, when you try to alter the figures on your income tax or you salary information or make a bogus document about your employment and details of your company and thought that Immigration might not notice or verify it – you would be completely wrong, because every bit of information you provide, and all documents you submit will go through their integrity check. Then they will use their means and facility to verify each document, and if the details or data you provided were found to be different than what they found, expect a denied visa, although you may be asked to provide comments by the case officer within the prescribed period of time.

• Failed to Respond The Immigration’s Requests

You have failed to respond to the requests of the Embassy or Immigration case officer, regarding additional documentation or information, or you did not complete your medical examination to continue the assessment of your visitor visa application. This would mean you did not provide the enough documentation and your visa was refused based on this.

• Did Not Meet The Health Requirements

The applicant did not meet the health requirements needed for the visitor visa. Some applicants from certain countries will be requested to complete a medical examination if they request a long period of holiday or if they apply a family visitor visa stream. This means that applicants must meet certain health requirements for temporary entry to Australia. These medical examinations and x-rays are conducted by specific panel doctors chosen by Immigration. If you do not do a health examination or do not meet the requirements for the exam, this could be the reason your visa was refused. The level of health exam you must undergo depends entirely on these factors: the activities you plan on doing while in Australia, your intended length of stay in Australia and your country of residence prior to entering Australia.

• Character Requirements

You may have been refused if you as an applicant do not pass the character requirements for the visa. You may not pass the character test if: you have a substantial criminal record, you have been associated with people or groups that Immigration suspects of being involved in criminal activities, your prior or current criminal or general conduct is of concern to Immigration, or Immigration is concerned that while you are in Australia, there is a high risk that you may: be involved in criminal conduct, harass, molest, intimidate or stalk another person, vilify part of the Australian community, incite discord in the Australian community, or represent a danger to the Australian community.

Please note that these are all the most common reasons that could result in Australian visitor visa refusal.