Australian Visa Guide- 2nd edition

Fozail N Sukhera

• Publisher: SMS Visa Guide
• Year: 2021
• ISBN:
  9780648495130
• Edition: 1
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

This book is aimed at guiding readers through the complex territory of Australian visas. It will give you a head start by helping to identify the suitable options you have when applying for different Australian visas and clarify what boxes you need to tick to have your application considered with the best chance of success.

This is a combined effort of a Sydney based established migration consultancy business, Sublime Migration Service, and well experienced and registered migration consultant, Fozail Sukhera. Fozail has over 14 years of professional experience in this field and Sublime Migration Services has the edge of collective wisdom of professionals working under their umbrella.

At the time of publication, there are 100 types, or subclasses (the term used by the department) of visas available for people wanting to visit, study, work, invest, or live in Australia. These visas can be temporary, provisional, or permanent. Visa applicants must be aware of all the options available from the outset. While many shoes may fit, there may be one specifically designed for you. With the vast range of visas to choose from, each has been specifically designed for individual circumstances. Success of a visa application relies heavily on the first choice made, i.e. type of visa applied for. Australian migration law is highly dynamic. Some popular visa options available in previous years are not available now. Other, and more suitable, choices may be available for a visa suiting your needs.

Chapter 1

Overview

At the time of publication, there are 100 types, or subclasses (the term used by the department) of visas available for people wanting to visit, study, work, invest, or live in Australia. These visas can be temporary, provisional, or permanent.

Temporary visas are for short stay activities, like visiting relatives and friends, quick work or business assignment, or to holiday in Australia. Permanent visas give the right to live in Australia permanently. Provisional visas are not permanent by nature but provide pathways to permanent residence visas at a later stage.

Visa applicants must be aware of all the options available from the outset. While many shoes may fit, there may be one specifically designed for you. With the vast range of visas to choose from, each has been specifically designed for individual circumstances. Success of a visa application relies heavily on the first choice made, i.e. type of visa applied for. Australian migration law is highly dynamic. Some popular visa options available in previous years are not available now. Other, and more suitable, choices may be available for a visa suiting your needs.

All visa applicants need to satisfy the Public Interest Criteria, Special Return Criteria, Character and Health criteria related to the visa under consideration. Everyone entering Australia is expected to respect Australian values and obey Australian laws.

The granting of Australian visas always depends on meeting visa specific criteria laid out in Australian legislation and Department of Home Affairs' policy. A wealth of information about visa information, eligibility criteria, average processing time, department fees and statistics for Australian visas is made publicly available through the department's website given below:
https://immi.homeaffairs.gov.au.

The eligibility criteria discussed for various visas in this book are there to form a general view about considering the right visa option. Detailed regulations may have more legal requirements, especially for more complex visas, that the applicant would need to satisfy to succeed.

The list of current and excluded (no longer available for new application), as well as omitted visas is provided in Appendix I whereas commonly used visas to enter or remain in Australia are discussed in chapters 2 to 7.

Many applicants choose to apply for a combination of different visas during their stay in Australia. This approach can be very practical as long as carried out within the existing legal framework and the department's guidelines. For example, it is common for people to come to Australia on a Student Visa, and then, later on, secure permanent residence through a General Skilled Migration (GSM) visa. It is wise to carefully plan your immigration strategy to ensure that you do not encounter unnecessary delays or expenses. The Australian visa system is complex and it is always helpful to get a head start in planning your route through the system most efficiently and cost-effectively.

It is equally important that you only apply for a visa that is currently in operation. New applications for omitted (removed) visas usually are not accepted. These omitted visas still appear on the list because previously issued visas may not have expired. Similarly, new applications for some visas that have a status of 'current' may not be lawful as they are only available for applicants previously linked to those visas.

The process of acquiring Australian citizenship is beyond the scope of this book, as I aim to equip you with the knowledge to begin your exciting new journey at this stage. However, useful information for that matter is available on our website www.sms-visaguide.com.

Chapter 2

Visitor Visas

Australia offers multiple options within the visitor visas category. The applicants' passport (representing their country of citizenship), their circumstances, and their purpose of visit determine which specific visitor visa to consider, and each visa has its own advantages and limitations.

The basic expectations of the Australian Government from people applying for a Visitor visa are:

• having a genuine intention to visit Australia for the short term;
  
• not engaging in work unlawfully in Australia;
  
• not undertaking studies or training for more than three months;
  
• having access to funds and means to support themselves for the duration of their visit;
  
• leaving Australia by the due date.
  

Some visitors may also be able to lodge their next visa application while in Australia. A temporary Bridging visa is typically granted in these cases while the next visa application is in process.

Visitor Visa, Subclass 600

The option of Subclass 600 Visitor visa is available for passport holders of all countries and extended periods of stay are possible for visitors under this visa. However, before deciding to lodge a Subclass 600 application, applicants should check whether they are also eligible for a Subclass 601 or 651, these visas have their own particular benefits and are discussed later in this chapter. There are five different options for subclass 600 visa, discussed below:

1. Tourist Stream

The Tourist stream is specifically for people who are visiting Australia for tourism or other recreational activities (like holidays or sightseeing, visiting relatives or friends), or for short study (maximum three months course).

2. Frequent Traveller Stream

The Visitor visa valid for up to 10 years can be granted under this stream for frequent travellers. This visa stream commenced in December 2016 as a trial for citizens of the People's Republic of China. Applications for this visa stream are lodged online. Applicants must be inside China at the time of lodging their visa applications. This option may be available to other passport holders in the future.

3. Sponsored Family Stream

This visa option allows family members to visit for up to 12 months. Applicants of this visa stream need to be sponsored by their Australian relatives. Alternatively, they can also be sponsored by a member of the Australian Parliament or by the members of legislative assemblies or by an Australian Government agency. The sponsoring relative must be an adult and a settled Australian citizen or permanent resident. Under the department’s policy, settled means someone who has been a lawful resident in Australia for two years or more at the time of the visa application. This relative can be a partner, child, parent, brother, sister, grandparent, grandchild, aunt, uncle, niece, or nephew of the visa applicant. Step relationships are also eligible for sponsorship; however, in-laws are not eligible. The visa applicants can include family members of their own in the visa applications.

A visa application under this stream can only be approved if the department approves the application for sponsorship made by the settled party. The department may require a security bond (money) to be paid as a guarantee, which will be released when the sponsored visa holder leaves Australia before their visa expiry. The Australian sponsor can be barred from further sponsorships for five years if their sponsored relatives do not comply with their visa conditions and overstay in Australia.

4. Business Visitor Stream

Applicants should apply under this visa stream if they want to visit Australia for one of the following reasons:

• make a general business or employment enquiry;
  
• investigate, negotiate, enter into, or review a business contract;
  
• undertake official government to government visits;
  
• attend a conference or seminar, etc.
  

It is not an appropriate visa for people whose purpose of the visit is to engage in work (short or long term) or sell goods/services in Australia.

5. Approved Destination Status Stream

This visa stream is for citizens of the People's Republic of China to visit Australia through streamlined tourism visits arranged by approved tour operators in China and Australia. The applicant can stay in Australia for the duration of the tour and must intend to stay within the group tour. Further information and list of approved Chinese and Australian tour operators are available on the Austrade webpage http://www.austrade.gov.au/Australian/Tourism/Working-with-China/ADS

Professional Tips

• Visa applicants can lodge applications in the Tourist Stream while they are inside or outside Australia. Applicants of all other streams of this visa must be outside Australia when lodging visa applications.
  
• Applicants for Approved Destination Status Stream should be inside China when lodging their visa applications.
  
• Check your ImmiAccount and email that you provided to the department in your online visa application regularly, including the junk mail folder.
  

How to Apply Online Visa Applications in all streams: You will need to create ImmiAccount through the department’s webpage https://www.homeaffairs.gov.au/immiaccount. Lodgethe visa application by following links on the webpage https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600 Applicants can also lodge paper applications where online visa application facility is not available or suitable. Paper visa application in Tourist Stream can be sent to “Department of Home Affairs, Onshore Visitor Visa Processing, GPO Box 9984, Sydney NSW 2001, Australia”. Paper visa applications in Sponsored Family Stream can be sent to “Department of Home Affairs, SFPVC, GPO Box 9984, Sydney NSW 2001, Australia”. Paper visa applications in Tourist stream, Business Visitor Stream, and Approved Destination Status Stream, where visa applicant is outside Australia, can be lodged at immigration offices outside Australia. Addresses of Australian immigration offices are available on the department’s webpage https://www.homeaffairs.gov.au/about/contact/offices-locations. Visit the department’s website https://immi.homeaffairs.gov.au/visas/visa-pricing-estimator for relevant visa fees. Updated information is also available on our website www.sms-visaguide.com Documents Required The documents checklist and further information for this visa is available on the department’s webpage https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600

Electronic Travel Authority, Subclass 601

This visa is granted for three months, for tourism or to attend business meetings or to study in short courses, to citizens (who are also passport holders) of the following countries:

Andorra; Austria; Belgium; Brunei; Canada; Denmark; Finland; France; Germany; Greece; Hong Kong (SAR of China); Iceland; Ireland; Italy; Japan; Liechtenstein; Luxembourg; Malaysia; Malta; Monaco; Norway; Portugal; Republic of San Marino; Singapore; South Korea; Spain; Sweden; Switzerland; Taiwan; The Netherlands; United Kingdom-British Citizen; United Kingdom-British National (Overseas); United States; Vatican City.

The department may grant a visa for up to 12 months but 3 months’ stay is allowed on each entry. Visa holders can re-enter Australia within the allowed time period. Applications can be lodged from outside Australia or inside immigration clearance area. This visa does not allow the applicant to work while in Australia.

Professional Tips

• Electronic Travel Authority visa holders in Australia cannot apply for this visa to extend their visit. Those needing to extend their stay must seek a visa in a different class, for example, Visitor visa 600.
  
• You may also consider the option of eVisitor visa (discussed in next section) instead of Electronic Travel Authority if it suits you better.
  

How to Apply There is no specific form for this visa. Applications can be lodged from outside Australia or inside immigration clearance area. Applicants from approved countries can apply in person, by phone/fax, or by email and provide their passport details to the Australian Immigration offices overseas. The ...

Table of contents

• Introduction
• Important Terms
• Chapter 1
• Chapter 2
• Chapter 3
• Chapter 4
• Business Innovation and Investment Visas
• Chapter 5
• Chapter 6
• Chapter 7
• Chapter 8
• Final Words
• Appendices