What is Australian Permanent Residency and How Can You Get Permanent Residency (PR) ?

What Is a Permanent Resident (PR) ?

• A PR visa is a visa (or status) that allows the holder of the visa to remain in Australia indefinitely
• You can become a PR of Australia by applying for and being granted a PR visa

Australian Visas that Allow you to become a PR (or potentially allow you to become a PR) include:

• Australian Skills Visas (GSM visas)
• Partner Visas
• Parent Visas
• Business and Investor Visas (you have to however follow the provisional or temporary residence pathway first)
• Certain Employer sponsor or nominated visas

Australian Permanent Residence status v. Being an Australian Citizen

An Australian permanent resident and an Australian citizen are not the same.

As a permanent resident of Australia, you generally can:

• remain in Australia indefinitely on your visa
• work and study in Australia
• enrol in Australia’s national health scheme, Medicare
• apply for bank loans to buy property, and buy any property without FIRB restrictions
• sponsor eligible relatives for permanent residence under certain streams eg. Partner Visas, Parent visas, and 489 visas (if you reside in an approved designated area)
• apply for Australian citizenship, if eligible
• travel to and from Australia for as long as your travel facility permits (please have a look at the Resident Return Visa / RRV visa requirement)
• You may also qualify for other government benefits and services. If you hold a permanent visa, but you are not residing in Australia, your eligibility for the above may be impacted.

Australian PR's compared to Australian citizens: 

a PR can not

• apply for or hold an Australian passport
• access student loans
• join the Australian Defence Force
• vote in Australian Government elections unless you enrolled (as a British subject) before 26 January 1984
• obtain ongoing work in the Australian Government
• return to Australia from overseas without a valid travel facility (please have a look at the Resident Return Visa / RRV visa requirement)

When you are granted a permanent visa, you are usually permitted a 5-year travel facility.

This means you can leave and re-enter Australia as many times as you like in the 5 years from the date your permanent visa was granted, as long as your visa remains valid.

After 5 years, your travel facility expires and you will need to apply for, and be granted:

• a Resident Return visa - if you wish to re-enter Australia as a permanent resident or
• Australian citizenship - if you wish to travel as an Australian citizen.

How do you prove that you are an Australian Permanent Resident ?

Examples of when you may need to prove your permanent resident status include:

• interacting with other Australian government agencies regarding entitlements and benefits such as Centrelink and Medicare, or
• traveling to Australia, or
• obtaining certain documentation from other Australian agencies or authorities such as:
  • Driver’s licence
  • Maritime Security Identification Card (MSIC)
  • interacting with foreign embassies, consulates and high commissions in Australia or for the purposes of obtaining a foreign travel document

Your PR status (visa) is linked to your passport, and your visa status is shown on VEVO

What is VEVO ? Visa Entitlement Verification Online (VEVO) allows visa holders, employers, education providers and other organisations to check visa details and conditions.

To prove permanent resident status you can use VEVO to:

• email or print out your status or
• give permission for an organisation or a government agency to perform a VEVO check.

You can do this, as long as your visa is linked with your passport or ImmiCard.

VEVO tells you:

• which visa you hold
• the expiry date of that visa
• the must not arrive after date
• the period of stay (how long you can stay)
• conditions (what you can and can't do)

Check you visa status here on VEVO

Your visa is expiring or has expired

You must have a valid visa to stay in Australia. It is unlawful to stay in Australia without a valid visa.

• Check your visa expiry date and conditions

Before you decide what to do next, you need to know:

• when your visa expires
• whether your visa has a condition that prevents further stay
• your other visa conditions

What are your Options ?

Stay longer

• If you want to stay longer in Australia, you must apply for a new visa. You can't apply for a new visa in Australia if your current visa has a no further stay condition (eg. a 8503).
• Leave Australia
• leave Australia any time before your visa expires

Take the right steps to leave Australia if your visa has already expired

• If you don't have a valid visa
• You must take steps to become lawful as soon as you can or leave Australia.
• To leave Australia after your visa expires, apply for a Bridging visa E (BVE) as soon as you can. A BVE is a short-term visa that lets you remain lawful while you make arrangements to leave Australia.

Permanent residents

As a permanent resident, you can leave Australia and return on your permanent visa as often as you wish for the first 5 years after the visa is granted. After this:

• the travel component of your permanent visa will expire
• you must apply for a Resident Return visa (RRV) if you want to leave Australia and return as a permanent resident

If you are outside Australia when the travel component of your permanent visa expires, do not return to Australia on any other kind of visa. If you do:

• you will lose your permanent resident status
• your eligibility for citizenship might be affected

Contact us if you need a RRV or have any problems with your visa expiring

Resident Return Visas (RRVs)

The purpose of RRVs is to facilitate the re-entry into Australia of non-citizen permanent residents; and to ensure that only those people who have a genuine commitment to residing in Australia, or who are contributing to Australia's well-being, retain the right to return to Australia and remain permanently.

The applicant must be:

• a permanent resident holding a valid permanent visa
• a former permanent resident whose last permanent visa was not cancelled, or
• a former Australian citizen who has lost or renounced his or her Australian citizenship.

For a five- year RRV, applicants must have spent two years out of the last five years in Australia as a permanent resident or have substantial and beneficial ties to Australia. Applicants who have been absent from Australia for more than five years must also have compelling reasons for their absence of more than five years.

A three-month RRV may be granted to persons who don't yet qualify for a five-year RRV but have strong reasons to go overseas, such as the severe illness of a family member. Applicants must have spent at least one day in Australia in the last five years as a permanent resident, and have compelling and compassionate reasons for departing Australia.

Spouses and family members of an RRV holder who are or have been permanent residents may be granted RRVs on the basis that their family head holds an RRV. An RRV granted on this basis will have the same validity period as the family head's, whether the family member applies for an RRV at the same time as the family head or later.

If the family member meets one of the other criteria for an RRV in their own right, they will be granted an RRV with the full five-year validity.

What is a Resident Return Visa (RRV)?

a Resident Return Visa (RRV) facilitates the re-entry into Australia of non-citizen permanent residents. The RRV ensures that only those people who have a genuine commitment to residing in Australia or who are contributing to Australia's well being, retain the right to return to Australia and remain permanently.

RRVs are usually issued with a validity of 5 years or 3 months. An RRV allows Australian permanent residents to travel from, and return to Australia as often as they wish within the validity of the visa, whilst maintaining their status as permanent residents.

Do I need a Resident Return Visa (RRV)?

Everybody, except Australian citizens and New Zealand citizens travelling on their New Zealand passport, must have a visa to travel to Australia. If you are a permanent resident of Australia and intend to travel away from Australia, you should ensure that you have a visa, which is valid for re-entry, on your return to Australia. This visa can be your original permanent resident visa, or a Resident Return Visa, as long as it authorises travel to Australia on the date you return. The visa can be in your current passport or in an expired passport that you also carry with you while you travel.

Permanent Residents should obtain their RRVs before leaving Australia, to avoid travel delays and the need to obtain an RRV through an Australian diplomatic office overseas.

What are the visa requirements for a Resident Return Visa (RRV)?

To apply for a Resident Return Visa (RRV) you must be:

• a permanent resident holding a valid permanent visa,
• a former permanent resident whose last permanent visa was not cancelled, or
• a former Australian citizen who has lost or renounced their Australian citizenship.

For a five-year RRV:

• you must be lawfully present in Australia for a total of at least 2 years in the 5 years immediately before lodging the application for the visa;
• you must have substantial and beneficial business, cultural, employment or personal ties to Australia; and
• if you have been absent from Australia for more than five years, you must also have compelling reasons for your absence.

If you do not meet these criteria, but have to leave Australia for compassionate and compelling reasons, you can apply for a 3 month RRV.

If you are unable to meet the RRV requirements in your own right, but you are a member of the family unit of a person who holds an RRV, you may be granted an RRV with the same validity period as the family head's.

Can I continue to use my permanent residence visa when my passport expires?

When your passport with a valid Australia permanent residence visa expires, the visa does not become invalid. You may choose to have your existing visa reprinted into your new passport (processing fee applies), or you may merely carry your old passport (with valid visa) and your new passport together, whenever travelling in or out of Australia.

What do I do once I migrate to Australia and the re-entry component of my permanent residence visa expires?

Once in Australia, permanent residents only need to obtain a subsequent resident return visa if and when they wish to leave Australia. Permanent resident visas provide for an indefinite stay in Australia

My passport will expire before my visa is due to expire?

This is not a problem you may travel with both your new passport and your old passport with the visa attached. Alternatively you may approach any DIBP office in the world and get your visa re-evidenced in your new passport. There may be a charge for this.

Emergencies overseas

A permanent resident overseas who is unable to prove their status, eg if his or her passport has been stolen and they have obtained a new one, may apply for a temporary RRV if they have an urgent and compelling reason to return.

People who return to Australia on temporary RRVs must apply at a DoHA office to regain their permanent status within three months of their arrival. People who do not will become unlawful non-citizens, subject to detention and removal from Australia.

Applying for RRVs

Any DoHAoffice will accept an application for an RRV. In Australia, RRV applicants do not need to fill in a form if they:

• attend an office in person, present a valid passport and pay the application charge, or
• mail a request for an RRV with their passport and payment of the application charge.

Such applications are usually decided within 24 hours, and applicants then make a brief visit to a DoHA office to have the visa label placed in their passports.

If more than one person is travelling on the same passport, only one application and one charge is needed. Family members with separate passports must apply and pay separately.

What is an EOI (Expression Of Interest) ?

If you intend to apply for an Australian Points Tested Skills Visa (GSM) or a Business Skills Visa, you have to first lodge an Expression of Interest (EOI) with the DoHA via SkillSelect

The best candidates will then receive an invitation to apply for a visa

How do you submit an EOI via SkillSelect ?

This is done via SkillsSelect on the DoHA portal.

What does an EOI comprise of ?

When you submit an EOI, you will be asked to submit information about yourself, and your potential points claims

You do not have to submit any documentation, however, you do need reference details for your skills assessment and approved skills assessment

It is absolutely essential that the information you provide in the EOI is accurate. If you receive an invitation to apply for a visa, and the information (claims) you provided in the EOI is not accurate, your application will be refused

Before you submit the EOI, the DoHA platform will show your points total

For a Skills Visa (189, 190 and 489 visa) you will need to provide the following information

• Your personal details (name, surname, date of birth, citizenship details, residence details)
• Details of your partner (if applicable)
• Your nominated occupation (you must have an approved migration skills assessment in place as you will need to provide details of your approved skills assessment(
• Your work and employment experience
• English Language proficiency (you will need to provide details of your English test outcome)
• and if you are applying for a state / territory nomination, you need to select your preference

After you submit your EOI

You can update your information at any time prior to receiving an invitation to apply for a visa

Your EOI will remain in the system for up to 2 years from the date you apply

How do the DoHA issue invites ?

State sponsored applicants: You will receive an immediate invite to apply for your visa when the state approves your sponsorship

189 applicants:

• There is one invite round per month (11th of each month)
• The DoHA issue invites based on numerous factors e.g.
  • Quotas (occupation ceilings) are set for each occupation group for the year
  • Points totals (applicants with the highest points will be issued an invitation)
    • For some occupation groups, you need at least 70 or even 75+ points in order to have a realistic chance of receiving an invite
    • Applicants at 65 points (the pass mark) can potentially have a wait of up to 2 years for an invite, and for some occupations, the invite might never materialise ...
    • Applicants at 75 points typically receive an invite within a month (some occupations might need 80 points or more for a speedy invite - our consultants will advise you on your expected wait during our assessment service)

If you applied for a state nominated / sponsored visa 

The states review the EOI's and they select applicants to apply for state sponsorship based on their own set of criteria and occupation lists

The state are under no obligation or requirement to offer sponsorship to you, even if your occupation is on their occupation list

What happens after you receive an invitation to apply ?

You will have 60 days from the date of the invitation to lodge your visa application

When you lodge your application, you will need to provide all your supporting information and evidence to support your points claims

NEXT STEPS

Your assigned consultant will discuss all of the EOI details, as it applies to your future application with you during our assessment service

Frequently Asked Questions

Terminology & Definitions

More questions and More Answers !

How soon can I get in ?

• All depends under which type of visa you are applying for migration. Nobody gets a visa overnight - these things invariably takes time. Each application is unique and a time estimate can only be determined once an  Consultant has done a personal assessment.

What about qualifications ?

• A formal tertiary qualification will definitely aid you if you are under 45.

Does age matter ?

• Yes, but a lot depends on personal circumstances and the type of visa you apply under.

What about my children ?

• If they are still under your roof and dependent on you, they will be included on your visa. Married / Independent children will not qualify under your visa.

Can I bring my pets with ?

• Yes, but it is very expensive. It requires extended periods of quarantine abroad and proves to be very traumatic for animals. Most people prefer to consider alternative arrangements like foster homes etc.

I'm a good sportsman. Can I apply for a visa on grounds of this ?

• If you have a Distinguished Talent and you have an exceptional or outstanding record of achievement in the arts or sport you may apply under this sub class. You must be nominated by an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen or an Australian organisation of national reputation in the occupation, profession, or activity in which you have an outstanding talent. Your nominator should complete an application form and include a brief resume of their own standing in the field.

What about health?

• A medical test is standard procedure and you need to pass that. A blood test will be conducted and X-rays of the chest will be taken.

What about my furniture?

• You will need to confirm current prices for a container to ship your furniture over. Major moving companies will give you a free quote. There is also an option of sharing a container.

I am already in Australia. Can you give me advice concerning my visa ?

Yes! If you are in Australia, we can advise you on any migration issue, including helping you to:

• Extend your current visa
• Apply for a different visa
• Become a Permanent Resident of Australia
• Become an Australian Citizen
• Communicate with the DoHA
• Deal with the cancellation of your visa
• Appeal against a DoHA decision

Where can I get some advice about visiting Australia ?

• Right here. There are over 100 different types of Australian visas.
• The DoHA is the Australian government department responsible for issuing visas.  The Department takes into account any factors before granting a visa.
• Staff at VS can advise you on:
  • How to apply for travel to Australia
  • Which visa type to apply for
  • What to do if you have a problem with your current visa
  • How to change your visa
  • How to extend your visa
  • Any other issue related to migrating to Australia.
• If you want some further general information on the issue involved, register, and one of our consultants will assist you
• For further advice on these issues please Register

May I work in Australia ?

• If you want to work in Australia, it is important that the visa you are issued allows you to do so. Certain types of visas do not permit you to work in Australia. Some visas restrict the number of hours you can work per week.
• If you want to work in Australia, it is important that you apply for the correct visa type. We can advise you on the best visa to apply for to suit your circumstances.
• If you would like to know more about working in Australia, please complete the request form or contact us by e-mail, mail or telephone.

May I study in Australia ?

• Australia has an excellent education system. There are a variety of courses suitable for all levels of education, for all ages. People from outside Australia can travel to Australia to complete accredited courses.
• There are a number of visas which allow people to study in Australia. It is important that you choose the most suitable visa. If you would like to know more about studying in Australia, please Register

How do I become an Australian Citizen ?

• The Australian Citizenship Act 1948 provides the information regarding the acquisition of Australian citizenship. There are a number of factors which the Australian Government considers before granting Australian Citizenship.
• If you would like to know more about becoming an Australian Citizen, please Register

How long will it take to process my migration application?

• This all depends on the specific visa class and subclass. We will detail this in your assessment report.

Who can we include in a migration application?

• Details on who can be included in a migration application are provided in each assessment provided by us

Can I visit Australia while my migration application is being processed?

• Yes. But……
  You will need to meet the requirements for that class of visa, which may include the requirement that you only intend a holiday or short visit. Visitors visas are not intended to provide residence in Australia for migration applicants awaiting the outcome of their application.
  …and you must inform us if you are temporarily in Australia as we can continue your processing whilst you are there.

Can I be granted my migrant visa while I am in Australia if I applied offshore ?

• No. You must be outside Australia before we can grant you the offshore migrant visa. You must depart Australia for your visa to be granted and evidenced in your passport. You do not need to return to the country where the application was lodged as this can be done at any Australia overseas mission.

Can I do my medical processing in Australia?

• Yes.

Do I have to lodge my passport with my application?

• Passports are NOT required to make a valid application. However, for all temporary residence visa applications you should provide your passport with 2 unused visa pages with your application.

I am applying under the partner provisions do you need to interview me and my partner/sponsor?

• In most cases we may need to interview you, but this will usually be over the telephone. We will contact you if we need to arrange an interview.

Does my sponsor (i.e. spouse or partner) have to remain in the country of residence during processing?

• No.

If I am approved, how long do I have before I must travel to Australia?

• The initial entry date (stated on your visa) is the date by which you must travel to Australia on your visa. This date is calculated based on the validity of your health and character clearances. These clearances are usually only valid for 12 months.
  If you (and any members of your family included in your application) do not enter Australia by the initial entry date, you will breached a condition of your visa and consideration will be given to canceling your visa.

I know I need to travel to Australia before the initial entry date on my visa but am I required to migrate to Australia before this date as I have a home to sell and/or other assets to dispose of?

• You must travel to Australia before the expiry of the initial entry date in order to activate the visa for its full term which, in most cases, is a full term of five years (the date is on the visa label).
  Migrant visa holders are not required to migrate (i.e. settle permanently) to Australia before the expiry of the initial entry date on their visas.
  Provided you (and all family members included in your application) have made at least one trip to Australia before the initial entry date your visa is then valid for return travel until the final expiry date.
  There are exceptions to this general rule. For example, Spouse - Provisional visas (subclass 309) and Prospective Spouse visas (subclass 300) both have initial entry dates but neither is valid for a full term of five years.

Who can we include in a migration application?

• Details on who can be included in a migration application are provided in each assessment provided by us.

Can I visit Australia while my migration application lodged offshore is being processed?

• Yes. But……You will need to meet the requirements for that class of visa, which may include the requirement that you only intend a holiday or short visit. Visitors visas are not intended to provide residence in Australia for migration applicants awaiting the outcome of their application…and you must inform us if you are temporarily in Australia as DoHA can continue your processing whilst you are there.

Can I be granted my migrant visa while I am in Australia ?

• Unless it is a visa application that allows for an onshore application, you must be outside Australia before DoHA can grant you the migrant visa. You must depart Australia for your visa to be granted and evidenced in your passport. You do not need to return to the country where the application was lodged as this can be done at any Australian overseas mission.

If I am approved, how long do I have before I must travel to Australia ?

• The initial entry date (stated on your visa) is the date by which you must travel to Australia on your visa. This date is calculated based on the validity of your health and character clearances. These clearances are usually only valid for 12 months. If you (and any members of your family included in your application) do not enter Australia by the initial entry date, you will breached a condition of your visa and consideration will be given to cancelling your visa.

I know I need to travel to Australia before the initial entry date on my visa but am I required to migrate to Australia before this date as I have a home to sell and/or other assets to dispose of?

• You must travel to Australia before the expiry of the initial entry date in order to activate the visa for its full term which, in most cases, is a full term of five years (the date is on the visa label. Migrant visa holders are not required to migrate (ie settle permanently) to Australia before the expiry of the initial entry date on their visas.Provided you (and all family members included in your application) have made at least one trip to Australia before the initial entry date your visa is then valid for return travel until the final expiry date. There are exceptions to this general rule. For example, Spouse - Provisional visas (subclass 309) and Prospective Spouse visas (subclass 300) both have initial entry dates but neither is valid for a full term of five years. Business skills visas also have certain conditions attached to them - contact us for further details.

Australia is "as good as it gets" - and also notes that getting through the immigration system is "difficult but not impossible". Australian people are famous for their friendly and easygoing outlook on life. But anyone planning to come to Australia should understand that the Australian government is serious about "protecting the security of our borders and the integrity of our immigration system".

1. Australia has a Universal Visa system. All non-citizens (unless you are a New Zealander) must have a visa to enter Australia. All non-citizens in Australia must hold a valid visa or be liable to detention and removal as 'unlawful non-citizens'.
2. Australia's target migration intake is set yearly with a balance of different areas: skills, family, refugee/humanitarian. Of these areas, there is a strong policy emphasis on reducing family intake and boosting skills and business skills intakes.
3. Not everyone is eligible for an Australia visa. Visa matters are subject to the Migration Act and Regulations. The rules change frequently according to legislative amendments and Federal and High Court precedents.
4. Each visa subclass has its own conditions and criteria. If you apply in the wrong class, or you do not satisfy the decision-maker that you meet the conditions and criteria for the class you apply in, your application will be rejected without refund of the application fee.
5. Discrimination against race or religion or gender is illegal in Australia, including the Australian Immigration system. There is legal discrimination by the Immigration system on the basis of factors like age, medical factors, character and criminal grounds, an applicant's previous visa history, the overstay risk statistics of different countries, and so on. 'Cap and queue' setting is also a feature of some types of visa, delaying processing of those visas when the annual quota is filled.
6. Visa applications are decided strictly on the merits of the applicant vis-à-vis the relevant class and subclass. Bribery and corrupt practices are alien to Australian official culture.
7. Where a visa application is rejected and there is an Australian sponsoring interest, an appeal is available to an independent Review Tribunal in Australia. The application for review is separate from the visa application itself, with an application deadline and a separate fee, refundable if the appeal wins. Many Immigration Department decisions taken to the Review Tribunals are overturned. These cases can be considered the Immigration Department's mistakes in interpreting and applying migration law.
8. Appeals are also possible to the Federal and High Courts. These too are separate applications, which will usually require legal representation.
9. A good adviser can help your chances by selecting the best visa avenue for your case, properly preparing the visa application with all necessary evidence, and effectively representing the case during processing.
10. a Migration agents or lawyers are not Immigration officials. No person or company can 'guarantee' that you will get the visa.
11. For this reason, generally speaking, any migration assistance contract containing a financial 'guarantee' should be regarded with suspicion. In some markets, clients expect and demand a 'no visa, no fee' or 'money-back guarantee' offer, incorrectly believing that this is a promise that the visa may be procured. In these markets, lawyers specialise in tricky, elaborate, and confusing contracts, to deceive the client into thinking the money will be refunded after a rejection.
12. As in everything else, in professional migration advice you get what you pay for. For best value, consult and get proper advice first, before deciding whether to make a visa application and what visa to apply for. The wise will expect to pay for that advice: the money you spend could save you a fortune in wasted time, plans, hopes, trouble, and costs.

Resident Return Visas (RRV)

The purpose of a RRV is to facilitate the re-entry into Australia of non-citizen permanent residents; and to ensure that only those people who have a genuine commitment to residing in Australia, or who are contributing to Australia's well-being, retain the right to return to Australia and remain permanently.

The applicant must be:

• a permanent resident holding a valid permanent visa
• a former permanent resident whose last permanent visa was not cancelled, or
• a former Australian citizen who has lost or renounced his or her Australian citizenship.

For a five- year RRV, applicants must have spent two years out of the last five years in Australia as a permanent resident or have substantial and beneficial ties to Australia. Applicants who have been absent from Australia for more than five years must also have compelling reasons for their absence of more than five years.

A three-month RRV may be granted to persons who don't yet qualify for a five-year RRV but have strong reasons to go overseas, such as the severe illness of a family member. Applicants must have spent at least one day in Australia in the last five years as a permanent resident, and have compelling and compassionate reasons for departing Australia.

Spouses and family members of an RRV holder who are or have been permanent residents may be granted RRVs on the basis that their family head holds an RRV. An RRV granted on this basis will have the same validity period as the family head's, whether the family member applies for an RRV at the same time as the family head or later.

If the family member meets one of the other criteria for an RRV in their own right, they will be granted an RRV with the full five-year validity.

What is a Resident Return Visa (RRV)?

a Resident Return Visa (RRV) facilitates the re-entry into Australia of non-citizen permanent residents. The RRV ensures that only those people who have a genuine commitment to residing in Australia or who are contributing to Australia's well being, retain the right to return to Australia and remain permanently.

RRVs are usually issued with a validity of 5 years or 3 months. An RRV allows Australian permanent residents to travel from, and return to Australia as often as they wish within the validity of the visa, whilst maintaining their status as permanent residents.

Do I need a Resident Return Visa (RRV)?

Everybody, except Australian citizens and New Zealand citizens travelling on their New Zealand passport, must have a visa to travel to Australia. If you are a permanent resident of Australia and intend to travel away from Australia, you should ensure that you have a visa, which is valid for re-entry, on your return to Australia. This visa can be your original permanent resident visa, or a Resident Return Visa, as long as it authorises travel to Australia on the date you return. The visa can be in your current passport or in an expired passport that you also carry with you while you travel.

Permanent Residents should obtain their RRVs before leaving Australia, to avoid travel delays and the need to obtain an RRV through an Australian diplomatic office overseas.

What are the visa requirements for a Resident Return Visa (RRV)?

To apply for a Resident Return Visa (RRV) you must be:

• a permanent resident holding a valid permanent visa,
• a former permanent resident whose last permanent visa was not cancelled, or
• a former Australian citizen who has lost or renounced their Australian citizenship.

For a five-year RRV:

• you must be lawfully present in Australia for a total of at least 2 years in the 5 years immediately before lodging the application for the visa;
• you must have substantial and beneficial business, cultural, employment or personal ties to Australia; and
• if you have been absent from Australia for more than five years, you must also have compelling reasons for your absence.

If you do not meet these criteria, but have to leave Australia for compassionate and compelling reasons, you can apply for a 3 month RRV.

If you are unable to meet the RRV requirements in your own right, but you are a member of the family unit of a person who holds an RRV, you may be granted an RRV with the same validity period as the family head's.

Can I continue to use my permanent residence visa when my passport expires?

When your passport with a valid Australia permanent residence visa expires, the visa does not become invalid. You may choose to have your existing visa reprinted into your new passport (processing fee applies), or you may merely carry your old passport (with valid visa) and your new passport together, whenever travelling in or out of Australia.

What do I do once I migrate to Australia and the re-entry component of my permanent residence visa expires?

Once in Australia, permanent residents only need to obtain a subsequent resident return visa if and when they wish to leave Australia. Permanent resident visas provide for an indefinite stay in Australia

My passport will expire before my visa is due to expire?

This is not a problem you may travel with both your new passport and your old passport with the visa attached. Alternatively you may approach any DIBP office in the world and get your visa re-evidenced in your new passport. There may be a charge for this.

Emergencies overseas

A permanent resident overseas who is unable to prove their status, eg if his or her passport has been stolen and they have obtained a new one, may apply for a temporary RRV if they have an urgent and compelling reason to return.

People who return to Australia on temporary RRVs must apply at a DIBP office to regain their permanent status within three months of their arrival. People who do not will become unlawful non-citizens, subject to detention and removal from Australia.

Applying for RRVs

Any DIBP office will accept an application for an RRV. In Australia, RRV applicants do not need to fill in a form if they:

• attend an office in person, present a valid passport and pay the application charge, or
• mail a request for an RRV with their passport and payment of the application charge.

Such applications are usually decided within 24 hours, and applicants then make a brief visit to a DIBP office to have the visa label placed in their passports.

If more than one person is travelling on the same passport, only one application and one charge is needed. Family members with separate passports must apply and pay separately.

Australian Police Clearance for a Visa

Why are character checks required to enter/stay in Australia?

People who want to either migrate to Australia or stay temporarily on working and tourist visas, must not be of character concern. Section 501 of the Migration Act 1958 includes a character test to ensure that visa applicants, people seeking to migrate to Australia and visa holders are of acceptable character.

The test puts the onus on visa applicants, and visa holders already in Australia, to prove that they are of good character. The provision also contains discretionary powers to either refuse or cancel visas when issues of character arise.

Some examples of when a person will fail the character test include:

• when the person has a substantial criminal record,
  • • sentenced to a term of imprisonment for 12 months or more, or
    • sentenced to either death or life imprisonment, or
    • sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more, or
    • acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution;
• when the person either has, or has had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct,
• when there is a significant risk that the person will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or in a segment of that community,
• when, having regard to the person's past and present criminal conduct, the person is found not to be of good character, and
• when having regard to the person's past and present general conduct, the person is found to be not of good character.

A person whose visa is cancelled on the grounds of either a substantial criminal record, or past and present criminal conduct, is permanently excluded from Australia.

How do I have character checks done?

In order for the Australian government to determine whether you are of good character, you may be asked to provide penal clearance certificates for each country you have resided in for 12 months or more over the last 10 years. In some instances, you may also be asked to obtain penal clearance certificates for periods beyond the 10 years or for countries where you have spent less than 12 months when the case warrants it.

What do I do if I have criminal convictions?

Declare all convictions on the application form. Failure to declare information may result in the cancellation of your visa. Visa cancellation can mean detention and removal from Australia. A person, whose visa is cancelled on the grounds of either a substantial criminal record, or past and present criminal conduct, is permanently excluded from Australia.

I have criminal convictions but these no longer show on the official record because of spent convictions legislation - should I declare them?

Declare all convictions on the application form. Failure to declare information may result in the cancellation of your visa. Visa cancellation can mean detention and removal from Australia. A person whose visa is cancelled on the grounds of either a substantial criminal record, or past and present criminal conduct, is permanently excluded from Australia.

Applicants who have had a finding of guilt at some time in the past are to provide the following information with their application.

Failure to provide all of the requested information may result in significant delays in the processing of the application. In accordance with the Crimes Act 1914 (Cth), if you have been pardoned or sentenced to imprisonment for less than 30 months and you have not re-offended within 10 years (five years for juveniles), then the conviction is spent and although the offence would possibly not be taken into account (unless the offence was of such nature as to be regarded as serious) you MUST disclose that offence on your applications forms.

Provide the following details with your application if you have any conviction recorded against you:

1. Details of the finding of guilt including: Penalty imposed, if any
2. Copies of any receipts in relation to fines or other similar matters
3. Copy of judgement, if any
4. Letter from your lawyer / legal representative providing full details of the offence and penalties imposed
5. Any other information which may assist DoHA in consideration of your application

HEALTH REQUIREMENTS FOR AUSTRALIAN VISAS

Applicants for most types of visas for Australia are required to meet health requirements (Medical checks)

WHO MUST MEET HEALTH REQUIREMENTS

• Applicants for most types of visas for Australia are required to meet health requirements, among other prescribed criteria, before a visa can be granted. All applicants for permanent migration visas are required to undergo a full medical examination and chest x-ray with a "panel doctor" (see below) before a visa can be granted. Some applicants for temporary stay visas may also be required to undergo one or both examinations, or provide a "fitness to travel" letter from a doctor before a visa can be granted.
• All children / dependents included in your application aged 11 + must undertake full medicals and X-ray examination.
• All the persons included in your application as well as all of your dependents (even if they are not included in your application) MUST undertake a medical exam, and must "pass" the medical. If one fails, all fail - and the visa will be refused.

Who is a dependent ?

• a dependent is any person included in your application e.g. a partner / spouse as well as children. Dependents can also include an aged parent if that parent is included in your application
• Dependents do NOT include people other than those included in your application. Note however, that you can not exclude a member of your family unit e.g. a dependent child or partner.
• If you have questions regards your dependents, discuss this with your consultant

Why would you fail a medical ?

• Certain medical conditions e.g. TB will result in an immediate refusal of your application. Other conditions, including HIV, cancer and certain disabilities (physical or mental disability) may potentially result in a visa refusal.  If you are concerned, please contact us to discuss your position.

PANEL DOCTORS

• The Australian Government has designated a group of medical practitioners and radiologists, commonly known as "panel doctors", to conduct medical examinations on its behalf. A list of panel doctors is available from us
• Please note: Female doctors are included in the list of panel doctors. A woman has the right to have a chaperone present during the examination if desired. Children should be accompanied by their parent or legal guardian during all medical examinations.

FITNESS TO TRAVEL LETTERS

If you have been asked to provide a doctor's letter, testifying to your fitness to travel to Australia, you can obtain the letter from any GP. That is, it does not have to be from a panel doctor. The doctor's letter should comment on your fitness to travel to Australia, to remain for the proposed length of stay and to return to your home country. If the doctor has identified a health condition, she/he should comment on how the condition is being treated and how it is to be managed in Australia.

Why do I need a health clearance to come to Australia?

Australia enjoys some of the best health standards in the world. In order to help maintain these standards you must satisfy the health requirements specified in the Migration Regulations before you can be granted a visa for Australia. Dependants and family members who are included in the visa application are individually required to satisfy health requirements.

Australia's health requirements are designed to:

• minimise public health and safety risks to the Australian community,
• contain public expenditure on health and community services, including Australian social security benefits, allowances or pensions, and
• maintain access of Australian residents to health and other community services.

In line with Australia's global non-discriminatory immigration policy, the health requirement applies equally to all visa applicants from all countries. Please note that Australia reserves the right to request medical information in any circumstances.

In view of the World Health Organisation's declaration of a global epidemic of tuberculosis (TB), particular care is taken to screen for this disease including stringent treatment recommendations where signs of earlier infection, however small or old, are apparent. Should you have Tb, you will not be permitted to visit Australia until you have completed recommended treatment and successful re-testing.

I have cancer/heart disease /diabetes /tuberculosis /HIV/AIDS /am obese...will I meet health criteria?

No health condition, with the exception of tuberculosis, automatically precludes the issue of a visa. Apart from tuberculosis, every condition identified in the course of the examinations, or through the questions you are asked in your application, will be individually considered for possible impact on the Australian community, including the costs of treatment or support that would be attracted by that condition. Visa officers are not authorised to advise on medical conditions: the opinion on whether a condition means an applicant does or does not meet the criteria comes from the Medical Officer of the Commonwealth.

If my doctor says there are no signs of active tuberculosis in my x-ray, or that they are old scars, why do the Australian authorities keep asking me for further x-rays and proof of treatment?

Tuberculosis is in global epidemic and emergency status, as declared by the World Health Organisation, with the disease now being the biggest killer of adults in the developing world. Australia has managed to maintain a position of third lowest on the world for some years, so that the disease is no longer common here. Many other countries have not been so fortunate, nevertheless, and where there is a high prevalence, indeed some signs of tuberculosis will be seen in such a high proportion of the population that local doctors may regard them as 'within normal limits'. As 'old' tuberculosis that has formed calcification or scars may reactivate in ten percent of cases, and as relocation, and the stress of travel is often a triggering factor in reactivation, a much stricter view of small, old signs of tuberculosis is maintained by Medical Officers of the Commonwealth.

Why is a health clearance needed if I am going to care for myself/my dependent at home, as there will be no costs to Australian taxpayers?

Australia has a national health insurance and benefits schemes, including income support, nursing home entitlements, and other allowances which, once there is an entitlement based on need, cannot be denied to an Australian resident or citizen. The potential eligibility based on the medical condition of you and/or your family member concerned will be calculated according to the standard accepted medical practice available across Australia, regardless of the level of wealth or private care intended.

Do I need to arrange another health examination if I have recently had one?

If you have completed a health examination in the last twelve months you may not need to undertake a fresh examination if the visa processing office can confirm the details, substance and date of the earlier reports.

How do I arrange a health clearance?

Medical examinations and x-rays are conducted by qualified doctors and radiologists usually nominated by the Department.

Outside Australia: Do not complete your health examination before you lodge your visa application - you will be advised when you need to do so. Contact your nearest Australian diplomatic office for the health requirements, forms and available doctors.

In Australia: You may complete your health examination before lodging your application for a visa (and for some visas it is a formal requirement that you do).

When you present yourself for your health examination, you should bring the following:

• The HAP letter
• your passport for identification,
• any prescription spectacles or contact lenses that you may wear, and
• where you have a known medical condition, any existing specialist reports.

If you think or know that you are pregnant you must tell the person taking the x-ray. It is most likely that you will be asked to complete the x-ray examination after the birth. If you are female, you should not undergo the medical examination during your menstrual period.

What health examinations are needed for visitors to Australia?

Australia enjoys some of the best health standards in the world. In order to maintain these standards everyone entering Australia must meet health requirements, although this does not always require a formal examination.

If you are visiting Australia and not using ETA, you are required to declare your health status on your visa application form. In certain circumstances you may be asked to provide a doctor's report or undertake a medical and/or radiological examination. These may include where you are:

• aged 70 years old or older,
• a parent of an Australian and you have a "queued" migration application, and intend to stay for more than 6 months,
• likely to enter a hospital or other health care environment, including nursing homes as a patient, visitor, trainee or employee, or for any purpose,
• likely to enter a classroom environment, including preschool, creche and child care situations,
• known or suspected of having a medical condition, regardless of your length of stay, or
• intending to stay in Australia for more than 3 months, and you have recently visited or lived in a country with a Very High-risk rate of tuberculosis (Tb).

What health examinations are needed for Overseas Students?

Individuals applying to study in Australia must satisfy the health requirements specified in the Migration Regulations. Any family unit members who are included in the visa application are also required to undergo at least the same level of health assessment examinations. The health of overseas students studying in Australia is of special concern due to the close contact in the classroom environment. Classroom situations include all levels of schooling and study.

Overseas countries are divided into four risk levels in terms of public health - low, medium, high and very high - according to the incidence rates of tuberculosis, as reported by the World Health Organisation, or as otherwise advised by Australian health authorities.

Please note that if you are required to undergo health examinations, whether you are applying in or outside Australia, processing of your student visa application cannot be completed until medical examinations and x-rays results are provided to the visa processing office.

Outside Australia: You will be requested to undertake health examinations once you have met the criteria for the student visa.

In Australia: You should complete health examinations before lodging an application for a student visa.

If you have completed a health examination in the last twelve months you may not need to undertake a fresh examination, if the details, substance and date of the earlier reports can be confirmed to your visa officer by Departmental staff. Nationals of Sweden and Norway, applying for a student visa in Stockholm or in Australia, are not required routinely to undergo formal health examination.

What health examinations are needed for temporary residence?

If you are intending a temporary stay in Australia, you are required to declare your health status on your visa application form. In certain circumstances you may be asked to provide a doctor's report or undertake a medical and/or radiological examination. This may include where you are:

• likely to enter a hospital or other health care environment, including nursing homes as either a patient, visitor, trainee or employee,
• likely to enter a classroom environment, including preschool, creche and child care situations,
• known or suspected of having a medical condition, regardless of your length of stay,
• intending to stay in Australia for more than 12 months, or
• intending to stay in Australia for more than 3 months, and you have recently visited or lived in a country with a Very High-risk rate of tuberculosis (Tb).

What health examinations are needed for migration/permanent residence?

All applicants for permanent visas, or for a temporary visa (for example, a provisional spouse visa) that leads to the grant of a permanent visa, are required to undergo health examinations.

You and all dependent family members must meet strict health standards designed to protect Australia from high health risks and costs. All members of your immediate family, including dependent family members who do not intend to migrate, must meet the health requirement. If an applicant cannot meet the health requirement, the visa application must be refused under the Migration Regulations, and refusal of one family member will mean the whole family unit will not be able to proceed. There are strictly limited provisions for overriding a failure to meet the health criterion.

If you are applying outside Australia, please do not complete health examinations before lodging your visa application. You will be informed by staff processing your migration application when to arrange your medical examination. Processing of the entire application can be a lengthy process, and health clearances undertaken too early may expire before other matters are prepared. Costs will be your responsibility, unless you are a UNHCR recognised refugee (accepted subclass 200 applicant).

If you are applying in Australia, you may complete health examinations before lodging your visa application, but be aware that clearances have limited validity.

Why is a health clearance needed if I am going to care for myself/my dependent at home, as there will be no costs to Australian taxpayers?

Australia has a national health insurance and benefits schemes, including income support, nursing home entitlements, and other allowances which, once there is an entitlement based on need, cannot be denied to an Australian resident or citizen. The potential eligibility based on the medical condition of you and/or your family member concerned will be calculated according to the standard accepted medical practice available across Australia, regardless of the level of wealth or private care intended.

Australian Skilled Visa for highly skilled H1B visa holders

Australia as destination of choice for US H1B visa holders - Australian Skilled Visa pathways available

The rationale for the H-1B program is straightforward. The U.S. has a shortage of workers with specific skills, and the H-1B program allows firms to import the best and brightest to fill those gaps.

The H-1B program has however been corrupted by a large and growing share of firms that use it for cheap labor and to facilitate the outsourcing of jobs. Gaping loopholes make it very easy and legal to pay below-market wages, and at the end of a contract what do you do ? Go back ?

Australia may be the solution. 

Why Australia ?

Australia is a first world multicultural safe and economically sound country that offers a superior lifestyle for its citizens and residents.

Boasting one of the lowest unemployment levels of any country, combined with high incomes and a first class education, healthcare and social security system, Australia has become a country of choice for migrants from all parts of the world. And Australia would welcome skilled H1B visa holders as permanent residents.

Australia in 20 quick facts:-

1. It is the world's sixth-largest country by total area
2. Australia is a developed country and one of the wealthiest in the world, with the world's 12th-largest economy. In 2014 Australia had the world's fifth-highest per capita income
3. Australia has the second-highest human development index globally,
4. Australia ranks highly in many international comparisons of national performance, such as quality of life, health, education, economic freedom, and the protection of civil liberties and political rights
5. Australia has six states—New South Wales (NSW), Queensland (QLD), South Australia (SA), Tasmania (TAS), Victoria (VIC) and Western Australia (WA)—and two major mainland territories—the Australian Capital Territory (ACT) and the Northern Territory (NT)
6. Australia is a wealthy country; it generates its income from various sources including mining-related exports, telecommunications, banking and manufacturing
7. In terms of average wealth, Australia ranked second in the world after Switzerland
8. The Australian dollar is the currency for the nation (approx 1 USD = AUD 0.7 to 0.8)
9. All of Australia's major cities fare well in global comparative livability surveys - with 4 cities in the global top 10: Melbourne reached top spot for the fourth year in a row on The Economist's 2014 list of the world's most liveable cities, followed by Adelaide, Sydney, and Perth in the fifth, seventh, and ninth places respectively
10. Australia has grown at an average annual rate of 3.6% for over 15 years, in comparison to the OECD annual average of 2.5%
11. Australia was the only advanced economy not to experience a recession due to the global financial downturn
12. 24.6% of Australians were born elsewhere and 43.1% of people had at least one overseas-born parent: the five largest immigrant groups were those from the United Kingdom, New Zealand, China, India, and Vietnam
13. Although Australia has no official language, English has always been entrenched as the de facto national language
14. Australia has no state religion; Section 116 of the Australian Constitution prohibits the federal government from making any law to establish any religion, impose any religious observance, or prohibit the free exercise of any religion
15. Australia has an adult literacy rate that was estimated to be 99%
16. Australia has the fourth highest life expectancy in the world
17. Australia introduced universal health care in 1975.Known as Medicare - all permanent residents and citizens have access to Medicare
18. Main cities are all coastal cities: Sydney, Melbourne, Brisbane, Perth and Adelaide, with the capital Canberra the only land locked metro area
19. A new survey by IT recruitment firm, Greythorn, suggests that the Australian information technology sector is heading towards a "huge" skills shortage within the next five years.
20. Contrary to many beliefs, Australians do not have pet kangaroos (although there are millions of roos) and no, we do not live in fear of our spiders and sharks

Getting a visa for Australia

There are 4 main streams or categories of migration.

Skills stream

• The skills stream is a points tested migration stream, with key considerations being
  • Age: 20 to 45
  • Qualifications: You have to be qualified i.e.. have a degree, a diploma or a formal trade qualification
  • Work experience: Your occupation has to be on a skills list called the STSOL or MLTSSL which is generally a list of occupations in demand in Australia, and you have to have 3 or more years work experience in your occupation
  • English abilities: all applicants regardless of country of citizenship must meet the English language criteria usually via a test such as the IELTS or OET or TOEFL or Pearsons
  • Other factors: Partner or spouse skills, State sponsorship, work experience in Australia and Australian study or qualifications are also considered

Family Stream

• The family stream caters for spouses, partners, prospective spouses, dependent children and parents

Business and investor stream

• For business owners and/or investors intending to establish or buy a business in Australia

Employer sponsored stream

• Allows eligible Australian employers to sponsor an offshore employee to work in Australia on a temporary basis and on a permanent basis (specific conditions apply for permanent sponsorship)

The usual visa process

Most applications for permanent visas under the skills stream require a 3 stage process, with the combined processing time averaging between 3 and 9 months.

1. Stage 1 - a skills assessment. This is where a specific authority determines whether the combination of your qualifications and work experience meets the requirements for your occupation, for visa purposes.
   • This process can take anywhere from 2 to 12 weeks, depending on the occupation
2. Stage 2 is a pro forma application made to the department of immigration, called an EOI stage. This stage is combined in many instances with the support of a state. You have to receive and invitation for the visa application during the EOI stage
3. Stage 3 is the actual main visa application stage, and this usually takes between 3 and 9 months

On grant of your permanent residence visa, you have the right to indefinite stay in Australia. a Permanent residence visa has no conditions or restrictions.

You are free to live anywhere, work anywhere, work in any occupation and you have immediate access to social security benefits such as Medicare, schooling, and a host of other benefits. After 2 years in Australia you are also eligible for unemployment benefits as well as social security programs for students, government tertiary study support, housing and pensions.

When your visa is granted, you must activate the visa. This is simply an entry you have to make into Australia, and must usually be made within 6 to 9 months after visa grant. You can move over permanently or just visit Australia to investigate housing, lifestyle issues, and attend employment interviews.

Obtaining citizenship of Australia

You can apply for citizenship of Australia, and get your Australian passport after you have lived in Australia for 4 years.

A few Q & A's

How difficult is it to secure a job in Australia ?

Statistically, 84% of new immigrants are secured in a job within 60 days, and 90% within 3 months. Professionals typically have no problem getting numerous job offers after they have been granted permanent residence. Generally, the more generic occupations take a bit longer to secure employment i.e.. general administrative persons.

What will I earn in Australia ?

With a minimum wage for unskilled hospitality workers  under age 18 starting at approx $ 18 per hour, the wage rates increase substantially with skills and qualifications. Among full-time workers, the average wage is $72 800 per year. This would be pre tax.

In addition to your salary, you employer must contribute a min of 9.5% of your salary towards your pension fund.

Examples of industry average salaries

• IT - $ 96, 736
• Professional, technical and Scientific - $ 93,350
• Mining - $ 129.714
• Construction - $ 76,705
• Financial services - $ 89,822

What is the cost of living in Australia ?

The average cost of living for a family of 4 in a major city in Australia, including housing, 2 cars, insurance, food and utilities, education and general entertainment would be approx $ 48 000 per year for a fairly high standard of living.

Cost of typical goods in Australia

• $2042: Cost of a basic health insurance policy in Australia for a family of 4, cheaper than the US.
• $28:  Cost of a standard men's haircut in Australia. India has the cheapest cuts at $3.19 and Tokyo the most expensive at $44.57.
• $17: Cost of a pack of Marlboro cigarettes in Australia - the most expensive ciggies in the world.
• $38,500: Cost of a new Volkswagen Golf 2.0 TDI in Australia. In New Delhi you pay just $18,577 but in Singapore you pay $110,381.
• $70: Cost of a pair of Adidas Super Star 2 sports shoes in Australia - the third cheapest in the world after China ($50) and India ($64)
• $8.20: Cost of a pint of beer served in a bar Australia
• $3.55: Cost of a 2 litre bottle of Coca Cola in Australia

Australia as multicultural destination

Australia is know for embracing migrants. There is no prejudice towards immigrants, about 50% of Australians are migrants themselves or their parent migrated to Australia.

Our US based Australian Migration Law consultants are standing by at our offices to assist you on your pathway to Australia

We also offer skype and telephone consultations

Register with us

a consultant can then provide you with detailed specific advice as it relates to your circumstances

Combined Current List of Eligible Skilled Occupations for Skilled Migration

MLTSSL, STSOL and Skilled Occupations List for Australian Skilled Migration Visas

A single list of eligible skilled occupations is provided below to assist you to determine which visa program may be available to you depending on your occupation for the following visa types:

Important:

• This table must be read in conjunction with the List of eligible skilled occupations which provides information on how to use this list and recent changes to the list.
• The table below specifies whether the relevant occupation is included on the:
  • Medium and Long-term Strategic Skills List (MLTSSL)
  • Short-term Skilled Occupation List (STSOL) or
  • Regional Occupation List (ROL).
• There are caveats on certain occupations (indicated via asterisk(s)) which exclude the use of the occupation in certain circumstances for the subclass 186 and TSS visa programs only.
• The acronyms used in the last column of the table are listed in the Assessing authorities. The assessing authorities do not apply to the subclass 407 visa.

Applying for a Australian De Facto visa or evidencing a De Facto partner relationship

If you are applying for a Partner visa on the basis of a De Facto relationship (common law) to your sponsor, or if you want to include your partner in your PR application, you must be able to show that you have been in this relationship with your partner for at least the entire 12 months before the date you lodged your visa application. In assessing a de facto partner relationship the department usually looks at evidence of such things as living together full-time, sharing important financial and social commitments, and setting up a household separately from other people.

• how, when and where the couple first met
• how the relationship developed
• the couple's domestic arrangements, that is, how they support each other financially, physically and emotionally and when this level of commitment began
• any periods of separation, when and why the separation occurred, for how long and how the couple maintained their relationship during the period of separation
• the couple's future plans.

These statements should be from the applicant, partner, family and friends (and where possible, Australian citizens)

• joint ownership of the house or joint names on a lease
• correspondence addressed to the couple at the same address
• details of financial commitments including bank statements, and any joint liabilities.

• any joint responsibility for the care and support of any children
• the couple's living arrangements including sharing responsibilities within the home.

• evidence that the couple is generally accepted and recognised as a couple socially such as joint invitations
• evidence of common friends
• assessments by the couple's friends and family of the relationship
• joint travel or joint participation in sporting, social or cultural activities.

• the duration of the relationship including knowledge of each other
• intention to have a long term relationship, for example, through terms of their wills
• correspondence and telephone accounts to show that the couple maintained contact during any periods of separation.
• A sample of photographs showing you and your sponsor together at various occasions.
• any other evidence which you consider demonstrates a genuine and continuing relationship (example: joint club membership, evidence of holidays taken together (such as photos and flight tickets) or shared interests or activities).

Legal Library 

10.2 ‘Living together’ does not require cohabitation

Officers should not read ‘live together’ in s5CB(2)(c)(i) as necessarily requiring the de facto partners to be cohabiting, that is, residing together under the same roof.

There may be circumstances where, although they are not residing at the same address (but are instead for instance maintaining separate residences), the couple have an ongoing de facto relationship and are, in terms of s5CB(2)(c), living together.

Cohabitation is regarded as a common factor in most ongoing de facto relationships and supports a view that the partners ‘have a mutual commitment to a shared life to the exclusion of all others’. However, an absence of cohabitation is not in any way in itself conclusive proof that there is no de facto relationship.

It is accepted that partners to an otherwise ongoing de facto relationship may be living together, even though living separately (but not ‘apart on a permanent basis’), that is, for quite valid reasons that do not impugn the integrity of the relationship.

10.3 If the partners are not cohabiting

For purposes of s5CB(2)(c), if partners to a (claimed) de facto relationship are not cohabiting (living together at the same address), officers must consider whether or not the couple are:

• living together or

• living separately and apart on a temporary basis or

• living separately and apart on a permanent basis.

It is open to officers, having regard to all the circumstances of the relationship, to require the couple to provide a higher level of proof of the existence of a de facto relationship in circumstances where the couple is not cohabiting.

10.4 The partners must be living together (or at least be living apart only temporarily)

If the partners to a (claimed) de facto relationship are not living together, officers must consider whether or not the couple is living apart on a permanent basis or simply on a temporary basis. Partners who are not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis.

If partners who are (or until recently, were) living separately claim that their separation is (or was) not permanent, officers need to consider the partners’ reasons for the (temporary) separation. It is accepted that partners to an ongoing de facto relationship may be temporarily separated for a variety of reasons such as, for example, frequent travel for business reasons or an unexpected family emergency.

Australian Visa Conditions 8503

What is Condition 8503 'No Further Stay'

• If Condition 8503 (commonly referred to as the 'No Further Stay' Condition) has been imposed on your Australian visa it means that you cannot, except for a very few limited exceptions, apply for another visa to extend your stay whilst you remain in Australia.
• For example if you are granted a tourist visa with Condition 8503 attached to it, you will be prevented from applying for an extension of stay in Australia beyond your visa validity period, or applying for a subclass 820 partner visa in Australia.These are just two examples.
• If your visa has Condition 8503 imposed on it, you must depart Australia in order to make another further valid visa application.
• The imposition of Condition 8503 on certain visas allows the Department of Immigration to grant more visas in circumstances where extra surety may be needed to ensure that a visa applicant will depart Australia prior to their visa expiring.
• Condition 8503 has been very successful in not only increasing the number of visas that are granted, but reducing the number of people who attempt to stay in Australia beyond the period allowed by their visa.

Condition 8503 can (discretionary) be imposed on many visitor and temporary residence visas. However, there are certain visas where condition 8503 must (mandatory) be imposed. Some examples of where it is mandatory for condition 8503 to be imposed are:

• Sponsored Family Visitor visa (subclass 679)
  Tourist visa (subclass 676) granted under the Approved Destination Status scheme operating out of the People's Republic of China
  Sponsored Business Visitor visa (subclass 459)
  Professional Development visa (subclass 470)
  Work and Holiday visa (subclass 462) if you have previously held two subclass 462 visas.

Condition 8503 wording

"The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia".

For the researchers out there - a few extracts from the  PAMS

The Procedures Advice Manual (PAM3) extract below describes the effect:

WHEN TO IMPOSE 8503

When to impose – Residual concerns

Condition 8503 should be used only in exceptional circumstances. Condition 8503 should not be applied as a default setting and it is not envisaged that condition 8503 will be widely or generally applied to visitor visas.

Imposition of the condition is seen as a desirable safeguard in circumstances where an applicant appears to satisfy the criteria for the grant of a visa but residual concerns exist.

It is important that delegates distinguish between “residual concerns” and concerns that mean an applicant cannot meet the genuine intention to visit criteria.

Section 65 of the Migration Act requires the delegate, in deciding whether to grant or refuse a visa, to be ‘satisfied’ as to whether requirements for visa grant are met or not met. For visa grant, this means a delegate should be reasonably satisfied that the applicant meets the requirements. Being reasonably satisfied means being just satisfied of a fact; it does not mean that an absolute truth has been established. This may mean that a delegate has some residual concerns – for example, concerns as to the applicant’s employment, incentives to return to their home country, access to funds or migration intentions (including a current or previous application for a permanent visa).

Note: The presence of major concerns suggests that the delegate may not be reasonably satisfied that the applicant has met the requirements and, if the imposition of visa conditions or other options available do not address these concerns, the visa should be refused.

There may be cases where the delegate has some residual concerns but is minded to grant a visa because, for example:
hardship/detriment would be suffered by Australia or an Australian if the visa was not granted (for example, an applicant who has booked a 3 week holiday at an Australian resort and has been assessed as a genuine visitor but they have a limited health clearance) or
the applicant’s circumstances are compelling. Consideration of the likely consequences of not granting the visa may assist in considering whether particular circumstances are compelling (for example, an applicant wishing to attend the funeral of a family member in Australia).
As decision on whether to grant a visa in these cases will not necessarily be clear cut or beyond dispute, the delegate will need to exercise their judgment.
The circumstances described above are in themselves not reason to grant a visa, the applicant must still meet the Schedule 2 “genuine visitor” criterion.

Examples of when it would be appropriate to impose 8503

Officers may consider imposing 8503 in circumstances such as the following:

A child is travelling with one parent and the other parent has only provided consent for a specific limited period. (In these circumstances officers may consider imposing 8503 on the visas of both the parent and the child, because case management problems arise in Australia if the parent can apply for a further visa but the child is prevented by 8503 from doing this, but is also unable to leave Australia on their own.)

The applicant satisfies criteria for a limited period of stay but the delegate is not satisfied that the applicant would satisfy criteria for a longer stay.

The applicant is subject to a health clearance for a specific limited period.

There is a residual concern that the applicant may intend applying in Australia for a permanent visa to circumvent migration requirements (as opposed to the possibility of applying at some stage in the future) – for example, applying for a Parent category visa to allow them to remain in Australia for a long period while their permanent application is capped/queued

A domestic helper is accompanying their employer on their holiday to Australia. In these cases 8503 would generally be applied; however, the individual circumstances must be taken into account.

Examples of when it would not be appropriate to impose 8503

Condition 8503 would generally not be appropriate in the following circumstances:

The visa should have been refused because the applicant did not satisfy Schedule 2 criteria.

There are concerns the applicant might work contrary to visa conditions, overstay their visa, apply for a protection visa or apply for a waiver of the condition once in Australia – 8503 does not prevent any of these.

Although there are no bona fides concerns for a person in a partner relationship with an Australian citizen or permanent resident, the person must still meet the FA -600 Schedule 2 “genuine visitor” criterion to be granted an FA-600 visa.

• The application is for a TQ -410 Retirement visa. In all cases officers must consult the TQ-410 policy owner if considering imposing 8503.

• A medical professional is applying for an FA-600 visa to undertake a medical course or to meet registration requirements (less than 3 months) as a medical professional.

• The applicants is seeking an FA-600 Tourist Stream visa that would result in a cumulative period of stay of 12 months in Australia (or if a person applies for successive FA-600 visas). As the applicant will need to satisfy Schedule 2 criteria for any subsequent FA-600 visa application made in Australia, imposing 8503 in such cases may be unnecessary (although it may be warranted for a different reason).

• The applicant is seeking a short-term FA-600 visa to return to Australia for the processing of an visa application in Australia because the applicant has been advised that that application will be approved.

• The applicant is in Australia due to a family members ongoing serious medical condition.

Condition 8503 – Appropriate period of stay

If condition 8503 is imposed on a visa in circumstances where the applicant is travelling due to compelling circumstances, it would be appropriate to provide some flexibility in the length of stay, to allow for the fact that the timing of such events is often outside the visa holder’s control and cannot always be precisely predicted.

This is to avoid distress (and case management problems) should the visa holder be unable to apply in Australia for a further FA -600 visa, particularly in circumstances where a family member may be dying or an expected birth does not occur within the visa period. For the same reason officers should consider not imposing 8503 on a visa in cases involving an ongoing medical condition.

Examples of circumstances where a longer stay period with condition 8503 imposed on the visa may be warranted include, but are not limited to:

• Particular family events such as weddings, important religious functions, funerals, family reunions or significant birthdays.

• Urgent legal matters in circumstances where the matter cannot be settled by their legal representative without the applicant being in Australia.

• Settling affairs after a previously lengthy stay in Australia in circumstances where, for reasons beyond the applicant’s control, these affairs were unable to be settled during the previous stay and these matters cannot be settled without the applicant being in Australia.

Condition 8503 and queued parent cases

Specific visitor policy applies to parents who are affected by the cap/queuing of their migration application.

Considering the circumstances of the entire family

In deciding whether or not to impose condition 8503 on visas granted to family members travelling together, officers should consider the circumstances of the entire family unit travelling. This is because significant case management problems arise in Australia if one or more family unit members are able to apply for another FA -600 visa and others are barred by 8503 from doing so.

Imposing condition 8503 on a visa granted to a minor

Imposing condition 8503

There is no legal impediment to imposing condition 8503 on a visa granted to a minor.

Nor, for discretionary “no further stay” cases, is there any requirement for written acknowledgment by the child’s parent and/or legal guardian in order for the “no further stay” condition to be imposed on the minor’s visa. A very young minor – for example a 3 year old child – is unlikely to understand the effect of imposing condition 8503 and no steps could realistically be taken to explain to a minor the effect of imposing the condition.

Case notes should be made to detail the counselling/advice that the officer provided to the child’s parent or legal guardian prior to imposing the condition.
Imposing condition 8503 may be appropriate if a non-accompanying parent has given agreement for their child to travel for a time limited period only.
Officers should also keep in mind that minors might successfully seek waiver of condition 8503 merely on the basis that entry to Australia was a circumstance outside their control.

If a minor is travelling with only one parent

If:

• a minor is travelling with only one parent and
• the delegate is proposing to impose condition 8503 on the child’s visa

condition 8503 should also be imposed on the accompanying parent’s visa. This is because case management problems arise if the parent can apply in Australia for a further visa but the child is prevented by 8503 from doing so but is unable to leave Australia on their own.

Business Visitor stream
Condition 8503 should generally not be imposed on FA -600 Business Visitor Stream visas if the business purpose is to undertake a medical course or meet registration requirements as a medical professional.

English Language Requirements (IELTS, PTE, TOEFL) for Australian Skilled Migration

English Language Requirements for Skilled Visas

If you are applying for Skilled Migration, you will need to prove your English language ability. The required level of English depends on the visa subclass you are applying for and there are 4 different levels of English which may be relevant:

• Superior English: 20 points in GSM points test
• Proficient English: 10 points in GSM points test
• Competent English: threshold requirement for General Skilled Migration, Graduate Temporary Subclass 485 visa and ENS/RSMS Direct Entry
• Vocational English: threshold requirement for Skilled Worker (Temporary) and ENS/RSMS Temporary Residence Transition Stream
• Functional English: for secondary applicants seeking to avoid paying the English Language Charge

Timing of English Test The timing of the English language requirement depends on the type of visa being applied for:

• General Skilled Migration: time of invitation
• RSMS and ENS visas: time of application

As it can take some time to obtain a booking for a test and to receive the results, you may wish to plan to take the English test well ahead of time. Validity of English Tests

• Tests conducted up to 3 years prior to lodgement of an application will be accepted by the Department of Immigration.
• The only exception to this is for functional English - this requires testing to have been done at most 12 months before lodgement.

Acceptable English Tests

1. The IELTS test is the most common way of evidencing English language ability. Either the Academic or General Training versions of the test are acceptable to the Department of Immigration, but some skills assessing authorities require applicants to sit the Academic version. You will need to obtain a minimum score in each band of the IELTS (Reading, Writing, Listening, Speaking) in a single sitting.
2. The Occupational English Test (OET) is also accepted as evidence of proficient and superior levels of English. The OET is only appropriate for medical and allied health professionals.
3. The Pearson Academic Test of English (Pearson PTE) and TOEFL Internet Based Test (TOEFL iBT) are now accepted for all skilled subclasses, apart from 457 visas. Most state and territory governments also recognise these tests, as do some skills assessment authorities.
4. The Cambridge Test of English is also accepted from January 2015.

Vocational English

Vocational English is the required level to obtain a 457 visa, and also ENS and RSMS visa through the Temporary Residence Transitional stream for people who have held a 457 visa for 2 years with the employer.

Required scores to establish Vocational English are as follows:

Competent English

For most skilled visas, you will need to show at least Competent English to meet the threshold criteria. If you hold a passport from one of the following 5 countries, you can establish competent English without completing an English test:

• Canada
• New Zealand
• United Kingdom
• United States
• Ireland

Otherwise, you would need to complete a recognised English language test and obtain the following score:

Competent English gives you 0 points in the Skilled Migration Points Test, but is an essential requirement to be able to lodge a skilled visa.

Proficient English

If you demonstrate proficient English, this will give you 10 points for English language ability.

Even native English speakers must undertake English language testing to obtain points for proficient English or higher.

Scores required for Proficient English are:

Superior English

If you demonstrate Superior English, this will give the maximum of 20 points for English language ability. Minimum scores for Superior English are:

Functional English

If your spouse or partner has less than functional English, then you would need to pay the "English Education Charge" to cover English language tuition in applying for skilled migration.

You can show you have functional English ability by providing evidence of one of the following:

1. Completion of a degree, higher degree, diploma or trade certificate that required at least 2 years of study in English medium
2. Completion of all years of primary education and at least 3 years of secondary education in English medium; or
3. Completion of at least 5 years of secondary education in English medium; or
4. Scoring at least 4.5 averaged over the four components of the IELTS test within the 12 months before application, or during processing; or
5. Completion in Australia of at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma in English medium.
6. In some circumstances, functional English can be established via interview

You can also demonstrate functional English by completing an English test and scoring as follows:

To prove that you have functional English you must provide evidence of one of the following:

As a dependent (over 18) on a visa application, you have to meet the functional English criteria to avoid the English loading fee of $ 4885

• You are the holder of a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand, or the Republic of Ireland and you are a citizen of that country.
• An International English Language Testing System (IELTS) test result of an average band score of at least 4.5 based on the four test components of speaking, reading, listening and writing. Your test must have been completed within 12 months of visa application lodgement or can be completed during visa application processing.
• A Test of English as a Foreign Language internet-based Test (TOEFL iBT) test result of a total band score of at least 32 based on the four test components of speaking, reading, writing and listening. Your test must have been completed within 12 months of visa application lodgement or can be completed during visa application processing.
• A Pearson Test of English (PTE) Academic test result of an overall band score of at least 30 based on the four test components of speaking, reading, writing and listening. Your test must have been completed within 12 months of visa application lodgement or can be completed during visa application processing.
• A Cambridge English: Advanced (CAE) test result of an overall band score of at least 147 based on the four test components of speaking, reading, writing and listening and the test must have been taken on or after 1 January 2015. Your test must have been completed within 12 months of visa application lodgement or can be completed during visa application processing.