Who needs a Visa?
Australia is a sovereign country and laws have been enacted to regulate the travel and migration to Australia by non - citizens. Therefore, in order to enter Australia an applicant must apply for an appropriate visa which suits the purpose of their stay.
A visa or travel authority is permission or authority granted by Australia for foreign nationals to travel to Australia. All travellers, except New Zealand citizens, must obtain a visa or travel authority before travelling to Australia.
The Australian migration system is based on a set of laws enacted by parliament which govern the requirements for over 100 different visa subclasses. Every visa application must meet the actual migration requirements for that particular visa subclass in order to be successful. These requirements are found in the Migration Act 1958, Migration Regulations 1994, as well as in the policy guidelines which DIAC Case Officers use to assess applications.
In order to apply for a visa to enter Australia, whether that be a skilled visa, tourist visa or any other visa, in most instances an applicant is required to complete a physical application form (some tourist and temporary residency visas can be applied for over the internet), attach required supporting documentation and in all cases attach the Visa Application Charge (VAC).
Whether you can meet the requirements for a particular visa will depend upon your profile. Commonly your profile is a reflection of your age, English language ability, qualifications, work experience and other factors including whether or not you have family in Australia.
In order to apply for a migration/permanent residency visa to Australia an applicant must:
- Fulfill the objective visa criteria for the particular visa subclass as found in the Migration Act 1958, Migration Regulations 1994, as well as in the policy guidelines which DIAC Case Officers use to assess applications
- Collect and certify required Documents
- Fulfill any preliminary steps before submitting the actual visa application
- Complete Paperwork and ensure all supporting documentation is in order.
Generally this requires an applicant to adhere to time frames, focus on detail and manage the whole process
MY AUSTRALIAN VISA.com, can manage the whole process and help you submit a valid Australian visa application by providing:
- A full, professional and honest assessment of your visa profile.
- A thorough explanation of the visa requirements
- An understanding of the options available - they may not be what you think.
- Time-line to suit your circumstances.
- Document checklists.
- An expert you can call or email for ongoing support to help with any queries or difficulties
When searching for a Migration Agent you should ask the following questions:
- Are they Solicitors (lawyers)?
- Are they registered with the Migration Agents Registration Authority (MARA)?
- Are they members of the Law Institute of Victoria or any other State?
- Are they members of the Migration Institute of Australia or Migration Alliance?
- What are their qualifications?
- Do they have any legal qualifications?
- What is their experience?
- What is their success rate?
- Do they have any testimonials/references to substantiate their claims?
These considerations are important because Australian Migration Law is constantly changing and complex. It is possible to be eligible for a particular visa subclass and still have your application refused based on a technicality.
Therefore you need to rely on somebody who can keep abreast of all developments and inform and advise you accordingly.
Why Should I Consider a Migration/ Permanent Residency Visa?
A migration/permanent residency visa does not mean you have to make an irreversible decision to leave your home country. Once granted, the visa simply authorizes you and your family to live and work in Australia on an unlimited basis - an invaluable and flexible employment right. With a usual processing period of 6 - 12 months, you could soon be enjoying the many advantages of a Permanent Residency including:
- An Unlimited Work Permit For Australia - one, which does not rely on a Sponsor and is valid in all States and Territories of Australia.
- A skilled visa is a lifetime visa that only expires if you leave Australia for more than 5 years.
- Your Spouse may obtain an unrestricted work permit.
- Your Children may have access to Australian education system at cheaper resident rates.
- You have an unlimited right to freely change employers or start your own business.
- There is no obligation to take citizenship but citizenship can be held jointly, as a dual national, with U.K., European and other countries citizenship.
- After an initial entry visit, [which can be as short as you like] you may not have to live and work in Australia for up to five years after your visa is granted e.g. if you have contract commitments with your current employer you can honour them by just making a short trip to Australia and then returning home.
As holder of a migration/permanent residency visa you may be eligible for Australian citizenship. This legal right is conferred much quicker in Australia when compared with Canada or New Zealand (3 years) or the U.S.A. (5+ years).
The Government recently announced changes in relation to Australian Citizenship including relating to the residence requirements, the revocation of citizenship provisions and national security issues. Whilst there has been much speculation legislation to introduce formal citizenship testing has not yet been introduced in the Parliament and is therefore not covered.
The new Australian Citizenship Act 2007 replaces the Australian Citizenship Act 1948. Under the new legislation, the residential qualifying period for the conferral of Australian citizenship is now 4 years lawful residence in Australia prior to application, including 12 months as a permanent resident. Absences of up to 12 months are allowed during the 4 years, including no more than 3 months absence in the 12 months prior to application.
Australian Residency is forever once you take Australian citizenship, which can be held, concurrently with many other countries citizenship, including U.K., European and other countries. Australia generally permits dual nationality; meaning you can keep your original citizenship and simply acquire a second nationality and passport.
You will have the option of unlimited travel and work overseas once Australian citizenship is acquired. An Australian passport constitutionally guarantees re-entry to Australia forever. That means that you can live and work in Australia for five years and then do the same overseas for a similar period without forfeiting residency, if citizenship is not acquired.
Therefore as a skilled professional / tradesmen you can access a permanent employment right without having to surrender the citizenship and passport of your home country. Having an Australian migration/permanent residency visa does not mean that you have to farewell forever life in your homeland.
You can work in Australia for 2-20 years without prearranged employment and still return to the homeland of your ancestors if you obtain a migration/permanent residency visa. Migration can be a temporary affair - it does not have to be a lifetime arrangement. Although 94% of Australian migrants remain in Australia permanently.
The flexibility of a migration/permanent residency visa means you do not have to live and work in Australia for 5 years after grant and an initial entry visit and enables you to work overseas for up to 5 years before expiry, taking citizenship is optional.
Overall a migration/permanent residency visa gives you an employment right that will enable you to freely work in Australia, and move from one employer to another in Australia and other parts of the world.
Better Standard of Living
In addition to the obvious work and citizen related benefits a migration/permanent residency visa confers, perhaps the most important benefits relate to the likely improvement in standard of living you will enjoy.
- Acquire or start your own business;
- Educate your children at world renowned Australian schools and universities at reduced resident rates, Have access to world standard healthcare, transport and infrastructure
- Live in a progressive, peaceful, politically stable environment