Immigration Law is extremely complex and forever changing.
Given the complexities of migration law, our outline on permanent Australian Visas has been greatly summarised and should not be considered as the regulations in their entirety.
Contact us if you would like a personal migration eligibility assessment from an Australian Registered Migration Consultant.
What is the point test
Australia has a skilled shortage and has a general skilled migration program that identifies a range of occupations that are in need. There is also a demand list for the most wanted occupations.
The skilled visa stream has a range of visas that are points tested. In summary it is intended for skilled applicants, who are under 45 years of age, have a certain level of english, work in an occupation that is in shortage in Australia and have the relevant qualifications and work experience.
The Points Test has a certain pass mark depending on the visa subclass that is being applied for. The pass mark is constantly under review and is subject to change.
Applicants MUST meet a threshold requirement before applying. Points are awarded in 12 categories: Skill, Age, English, Australian Qualification, Specific work experience, an occupation that is on the demand list, Australian work experience, Study In regional Australia, Partner skills, State and Territory nomination, Designated regional relative sponsorship and Community Language.
For certain visa subclasses the pathway to permanent residency is a two tiered process with temporary residency initially being granted.
what is the difference in the Parent visas
There are several parent visas.
All these visas require the balance of family to be met. The applicant is sponsored by their child who is a settled Australian citizen or permanent resident or an eligible New Zealand citizen.
The parent subclass depends on whether the applicant is under or over Australian retirement age. This will determine whether the application is onshore or offshore.
Another noticeable difference is the amount of deposit and time held for the Assurance of support bond. Certain parent visa applications also request a second visa application charge that expedites visa processing.
permanent visa overview
A permanent visa allows a person to live in Australia indefinitely. It is initially granted for five years and visas can either be applied offshore (outside Australia) or from within Australia whilst on a temporary visa.
There are various streams of permanent Australian visas including: Family, Skilled and Business.
Permanent residents must meet the criteria for the visa they are applying. There is also stringent health and character criteria that has to be met.
For newly arrived permanent residents generally there is a two year waiting period before being able to claim for social security benefits, but there are some exemptions to this rule depending on the visa.
Who can Sponsor
In the family stream the visa sub classes include; Spouse, Defacto Spouse, Interdependency, Parent, Aged Parent, Aged Dependant Relative, Remaining Relative, Carer and many others.
The sponsor for these visas is a relative who is a permanent resident, eligible New Zealand Citizen or Australian citizen. Individual visa subclasses specifies the allowed relationships between the applicant and sponsor. Certain visa subclasses requires the sponsor to be settled in Australia.
Can Same Sex partners sponsor
There is a visa subclass for applicants who are in a same sex relationship with the sponsor who is an Australian citizen, eligible New Zealand Citizen or permanent resident of Australia. Evidence of co-habitation and a genuine relationship is required for a minimum period of 12 months. Once granted temporary residency is initially for two years then further processing is required for permanent residency.
what is the Employer Nomination Scheme
An Australian company/business can also sponsor a person for permanent residency should the company be unable to fill the vacant position from the Australian labour market. The nominated occupation must be on a list of occupations, which can vary from the list used in the points test. The applicant should have an education/trade and work experience in the nominated position. This visa is not points tested.
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