Level 9, 179 Queen Street, Melbourne 3000 Victoria, Australia
Tel: + 613 9670 7211 Fax: +613 9670 0785 DX:217
ABN 83 312 693 974
immlaw@stedmancameron.com.au
Level 9, 179 Queen Street, Melbourne 3000 Victoria, Australia
Tel: + 613 9670 7211 Fax: +613 9670 0785 DX:217
ABN 83 312 693 974
immlaw@stedmancameron.com.au
Immigration Handbook
The decision to immigrate to a new country is not one taken lightly. Australia, as a country much sought after by prospective immigrants, has some of the toughest immigration policies in the world.
There are, therefore, complex issues to deal with, and the desire of newcomers to "simplify" the process can get them into trouble Using a law firm like ours, which has government registered and qualified migration agents on staff, to help dot all the i's and cross all the t's can be the best shortcut a prospective migrant could take.
It is a crime in Australia for anyone not registered as a migration agent to advise a prospective migrant, even for free. This law is designed to protect prospective migrants from unscrupulous people. Stedman Cameron urges anyone with a problem dealing with an immigration agent to contact The Migration Agents Registration Authority to lodge a complaint. Click the following link to view the The Migration Agents Code of Conduct.
If immigration issues are concerning you, you can get some good preliminary advice by contacting us, on the telephone numbers below. You can email us at immig@stedmancameron.com.au.
Or, you can go straight to our immigration query
form to send us details which will help us to assist you.
Basically, immigration law is administered in Australia based on the question: Permanent, or temporary?
After that, the question arises: Does the application involve further investigation, requiring a "bridging visa", and are there political, humanitarian or other special considerations involved?
From this matrix four basic types of visa emerge. Permanent, temporary, bridging and humanitarian. Within these four categories, all the hundreds of possible visa subclasses one can imagine are arranged. To see a broad list of classes go to "List of visa classes" The third question is: If an applicant seeks permanence, that is, right of permanent residence, or naturalisation and citizenship, then do they qualify? That is, do we want them?
The application is then checked against a list of criteria ranging from language skills, education/technical qualifications, family circumstance, country of origin, health and police records.
Broadly speaking, if all these criteria are met in some accepted degree, the applicant is accepted. If one criterion fails, the applicant is rejected.
There are avenues for appealing refusals,and while the guidelines are slanted against the appellant, if carefully handled these appeals can sometimes succeed.
Temporary residence includes everybody who is not seeking permanence. These categories range over many kinds of visa and are again subject to a range of qualifying checks, depending on the type of visa applied for.
Over recent years the government has assumed that complex applications, such as permanent residence, immigration, skilled workers and the like, will involve the services of a registered migration agent, and so the system has become somewhat opaque to the ordinary person.
Many Department of Immigration and Multicultural Affairs brochures and forms implicitly assume the involvement of a Registered Migration Agent in the preparation of the application.
This law firm has, since the beginning of that trend, attempted to develop a migration practice that keeps pace with the changes in Immigration Department regulations, policy and attitudes, and simply provides the finest level of immigration agency services to its clients. We think we have succeeded in that. More importantly, so do our clients.
Permanent residence
In theory, anyone with good health, good character and a sponsor who is willing
to guarantee to pay any costs to the Commonwealth, or with enough money to
invest in a business, and/or skills which Australia judges useful, can apply
for and be granted Permanent Residence.
If a person remains in Australia for a period of two years out of five before making a citizenship application, and a full year in the two prior to the application, and given that they are over 18 years old and blessed with normal intelligence, then they can become a citizen of Australia.
That having been said, it is worth reflecting that very few human beings have an absolutely simple life story.
Who does not have a loved and aging relative with, say, a heart complaint? Who hasn't got a friend who is a blameless and tirelessly hard working citizen, but with a son who has had a couple of scrapes with the police?
How many people are well qualified tradesmen in their own country, but cannot get their qualifications recognized overseas?
It is the ability to recognize these problems for the way they fit into the immigration procedures and then overcome them, that sets a professional immigration agent apart from others.
There are regulations to allow permanent residence for family members of people who are already naturalised citizens or permanent residents, business investors, spouses of citizens and many other categories, including special migration applications from whole family groups.
All of these people are regarded as migrants; that is, they have the right to settle and live in Australia and to take up Australian citizenship if they wish.
It is our job to thread our way through the maze of regulations, definitions, forms and declarations required to provide you and your family with the smoothest possible entry to Australia.
Applications range from temporary business visas of three months (see Temporary Residence section below, for short term business visas) to permanent employment for up to four years at a time.
The business skills assessment covers six broad categories of person, with various subcategories attaching to them.
The categories range from people who are senior employees, through small investors (AUD250,000 or so) to major investors (AUD10 million to AUD 50 million of turnover).
The category covers nearly every imaginable business relationship, and perhaps because Australian government policies attempt to balance the demands of various states and regions, it can appear to be filled with apparently contradictory aims and intentions. There are, for example, regional and territory business migration schemes which have different requirements to the Commonwealth criteria.
There are over 5000 forms, applications, applications for applications, booklets about where to get pamphlets and brochures about how to get and fill in forms on the DIMA web site. A significant number of them deal with temporary business visas of one kind or another.
By investing agreed amounts in a business in Australia, and meeting the necessary character and health requirements, and a long list of other criteria involved, permanent residence as a business migrant may be achieved
This is not usually a difficult process. As you can imagine, Australia welcomes investors with (comparatively) open arms! However, there are wide implications for a business person considering this step. Some of these, for example, might involve international taxation planning, ownership of assets in other jurisdictions and the legal focus of agreements and contracts. We have a special unit to look after business migration matters, as well as special overseas clients.
From business registration, through corporate compliance to visas, residence permits, to the import of skilled labor, we can do it all. We also have the alliances to provide accounting, tax planning, insurance and commercial property information and services, if required.
This link will take you to a specific section on these matters, Doing Business in Australia for a more complete explanation.
The following should give you some idea what the prospective migrant is up against with an unaided attempt to migrate to Australia. It is an excerpt from an the Australian government Department of Immigration and Multicultural Affairs document entitled "Migrating to Australia".
It says in part:
"Booklets with detailed information and application forms on each visa category are available from the DIMA web site at www.immi.gov.au The booklets are also available from any Australian mission overseas or regional office of the Department of Immigration and Multicultural Affairs (DIMA) in Australia. Each booklet, including application forms, costs $10. In addition, separate application forms are available free of charge.
The broad visa categories covered by the booklets are outlined below:
The adoption category provides for the migration of children who have been adopted, or who are to be adopted, by persons who are Australian citizens, permanent residents or eligible New Zealand citizens. In most cases adopting parents must be approved by an Australian adoption authority.
If you are living outside Australia and you are the Parent of your sponsor, you should select booklet 3. You must have at least as many children living permanently in Australia as living outside Australia, or have more children living permanently in Australia than in any other single country.
You may also choose booklet 3 if you are in Australia and you are an Aged parent of your nominator and you have at least as many children living permanently in Australia as living outside Australia.
If you wish to migrate as the carer or aged dependent relative or the last remaining relative of your sponsor, you should select booklet 4.
If you are the partner of your sponsor, you should select booklet 1.
A partner includes:
Spouse - the husband, wife or de facto partner of your sponsor and your dependants, including children.
Prospective spouse (fiance) - you must have met your sponsor and intend to marry him/her in Australia.
Interdependent partner - you and your sponsor must be 18 years of age and have a genuine and ongoing relationship and plan to live together in Australia.
Carer - your sponsor or a member of your sponsor's family needs help with daily living because of a medical condition and cannot get that help from any family, welfare, hospital, nursing or community services in Australia and you are a relative who is able and willing to provide that help. Your sponsor or the member of your sponsor's family who needs help will need to undergo a medical assessment from Health Services Australia.
Aged dependent relative - you must be of Australian pensionable age and have been dependent on your sponsor for at least the previous three years.
Remaining relative - you must be your sponsor's brother, sister or child (or step-relative to the same degree) living outside Australia.
If you are in Australia and you are the holder of a prospective marriage visa, the application for which was lodged before 1 November 1996, you should select Booklet 8: Special Migration.
If you wish to migrate on the basis of your skills but do not have an Australian employer who can sponsor you, you should select booklet 6. In order to be successful, you will need to have post secondary qualifications and experience in one of the occupations gazetted by the Australian government, be under 45 years of age when you apply and have `vocational-level' English (a level necessary to practice your occupation). Your chances of success maybe improved if you have a relative, that is, a sibling, uncle, aunt, parent, cousin, grand-parent or self supporting child to sponsor you or you intend to live in a designated area of Australia. This booklet also applies to New Zealand citizens and certain overseas students in Australia".
There are many ways to qualify for naturalisation. There is also a number of formalities and application requirements attending the decision to take out Australian citizenship. A well informed discussion with one of our immigration specialists could do much to clarify the various advantages and disadvantages of such a decision, from your point of view.
The following excerpt from an immigration department pamphlet spells out the rights and obligations of a citizen and describes the actual process by which one becomes a citizen (having qualified so to do ).
"Becoming a citizen - what you should know"
Form 10631
Your application for Australian citizenship will now be considered. If it is approved you will be required to attend a citizenship ceremony and make a pledge of commitment to Australia and its people. You will become an Australian citizen when you take this final step.
What should I bring to the ceremony?
· your letter of notification from the Minister for Immigration and Multicultural Affairs
· identification (for example, your passport or driver's licence)
Your local government authority may provide a religious book of your choice if you choose to take the oath. You may wish to bring your own religious book. You should check with your local government authority about this before the ceremony.
Your family and friends are welcome to attend your ceremony and share this important occasion with you. Your local government authority will tell you how many people you can invite. Numbers may be limited by the number of others attending your ceremony and the size of the venue.
How long is the ceremony?
The length of the ceremony will depend on how many other new citizens are attending your ceremony. The purpose of the ceremony is to formally welcome you as an Australian citizen and to fulfil the legal requirement that you make a pledge.
The Australian Citizenship Act 1948 allows the Minister for Immigration and Multicultural Affairs to confer citizenship on eligible residents. Because more than 100,000 people become Australian citizens each year it is impossible for him to attend each ceremony. The Minister has therefore delegated local government officials and officers of the Department of Immigration and Multicultural Affairs to stand in his place.
Ceremonies are usually held in the local town hall but may take place in other appropriate venues. You will be invited to attend with other new citizens. Official guests, including Federal and State members of Parliament, will also attend. Members of your local community and the media may also be there.
At the ceremony the local government official will make a brief speech and introduce other speakers. They will then read the preamble to the Australian Citizenship Act 1948.
The Preamble
Australian citizenship represents formal membership of the community of the Commonwealth of Australia; and
Australian citizenship is a common bond, involving reciprocal rights and obligations, uniting all Australians, while respecting their diversity; and Persons granted Australian citizenship enjoy these rights and undertake to accept these obligations by pledging their loyalty.
There is a number of grounds, and procedural opportunities for temporary residence holders to change their status to permanent residents, if they decide that migration is a good thing for them. They are too arcane and numerous to go into here, but our migration agents are well equipped to deal with applications of that kind.This class of visa covers everyone from businessmen, entertainers and sports people through religious missionaries to public speakers. All these people fall into some category of temporary resident visa, a class which covers some fifty kinds of application.
A competent migration agent will be able to advise how you may fit into one of these categories if, after trolling through the Immigration Department literature, you can't seem to find yourself in the business or employment temporary visa categories.
There is a number of grounds, and procedural opportunities for temporary residence holders to change their status to permanent residents, if they decide that migration is a good thing for them. The procedures are too arcane and numerous to go into here, but our migration agents are well equipped to deal with these applications.Applications range from temporary business visas of three months to business investment stays of up to four years at a time, and where employment is the issue, from skilled workers through to permanent senior positions or government appointments.
The business skills assessment for sponsored temporary residents, or investors seeking temporary residence, covers six broad categories of person, with various subcategories attaching to them.The categories range from people who are senior employees, through small investors (AUD250,000 or so) to major investors (AUD10 million to AUD 50 million of turnover).
Skilled workers are generally sponsored by employers. If you are a businessman or woman who desires to take up opportunities in Australia, a local businessperson who would like to sponsor a new investor/executive, or a joint venture senior manager, or if you need skilled workers and can't find them locally, you should give serious consideration to simply placing the whole matter in our hands.
Employees are eligible for visas to Australia as temporary residents upon sponsorship and successful application by an employer. The position sponsored has to be one which is assessed not to be able to be filled in Australia, or where Australia acknowledges a skills shortage, or where an exhaustive process of advertising has failed to yield a suitable local applicant. Here is a sample of what to expect from a Department of Immigration and Multicultural Affairs brochure entitled,
"Employer nomination for a permanent appointment"
It says, in part:
"The employer must have a satisfactory training record or, if a new business, must make satisfactory provision for future training; the employer must meet labour market requirements (see `Labour market testing'); and the terms and conditions of employment offered must be in accordance with the standards for wages and working conditions provided for under relevant Australian industrial laws.
There is a number of programs which allow employers, who have been unable to train or find suitable people in Australia, to recruit skilled workers from overseas either on a permanent or temporary basis.
Before completing this form please read the departmental material available to make sure the ENS is the right option for you.
The Employer Nomination Scheme allows Australian employers to fill `highly skilled positions' in Australia, with a non-Australian citizen or resident, when the employer:
- cannot find a suitably qualified person from the Australian labour market; and is unable to provide for their staffing needs through their existing training programs.
- if the position nominated does not require at least 3 years additional employment, in addition to the 3 years formal training to meet the `highly skilled' appointment definition, you will need to demonstrate how the position is `exceptional'.
Nominees are also expected to have `vocational' level English, and be under 45 years at the time of visa application. If you intend to nominate a person who will be 45 years or over at the time of visa application and/or does not have `vocational' English, you will be required to show that the appointment is ,"exceptional'.
You can do this by providing a detailed submission with your nomination outlining why the appointment is "exceptional" and why the usual requirements should not apply to your nomination.
The ENS process consists of 2 distinct parts:
The first applies to the assessment of the nomination lodged by an employer; and
the second applies to the assessment of your nominee's application for a visa.
Nominations are assessed against the following main criteria:
The employer must demonstrate a need for a paid employee in a business:
(i) located in Australia; and
(ii) operated by the nominating employer;
If the position being filled requires an occupation that is on the MODL, the applicant will be regarded as being a `highly skilled person', where the applicant:
Holds a (relevant) Australian degree, diploma or trade qualification that they obtained in the six months immediately prior to visa application and for which they studied in Australia for at least 12 months full-time (or part-time equivalent); and if applicable, has the necessary mandatory licensing registration or professional membership for that occupation.
Details about the MODL are available from DIMA Business Centres (see `Labour market testing' for the MODL).
The vacancy requires the appointment of a `highly skilled person'. This means the position must require a person who has completed 3 years formal training or equivalent experience and, unless the appointment is `exceptional' (see `Exceptional appointments'), the position must require a person who has completed 3 years relevant work experience following their formal training or equivalent experience. If applicable, the highly skilled person must also be eligible for Australian licensing and/or registration requirements or membership of an appropriate professional body;
The employer must offer a full-time, fixed-term appointment of at least 3 years which does not exclude the possibility of renewal (Note: If the nomination is approved as an ,exceptional appointment', an employment contract between the employer and nominee for 3 years is to be sighted by the processing office before visa issue);
An employer must show that they have been unable to find an Australian citizen or resident who is suitable for the appointment.
An employer must provide documentary evidence of having tested the labour market before nominating an overseas employee. Labour market testing must occur within 6 months of lodging the nomination.
The employer must undertake at least 2 of the following options:
Recent advertising through relevant professional or trade journals and, where appropriate to the occupation, the internet or local community language newspapers. Vacancies lodged on the internet should be placed on specialist employment placement or recruitment web sites.
Lodgment of the position as a vacancy for at least 4 weeks with a JobNetwork member (or other large recruitment agency) providing skills matching services.
Advice from recognised professional or industrial bodies accessed by the Department of Employment, Workplace Relations and Small Business (DEWRSB) as being in a position to provide independent and authoritative advice on the availability of specialist skills needed for the nominated specialist position (a list updated annually is available from DIMA Business Centres).
Recent advertising of the vacancy in a Saturday and a weekday edition of both a metropolitan and a national daily newspaper (a total of 4 separate advertisements) or if the business is outside the major metropolitan area, recent advertising (as described below) of the vacancy at least once in both the Saturday edition and weekday edition of both a major local or regional and a national daily newspaper (again, a total of 4 separate advertisements).
The nomination should be fully completed (with all supporting documentation attached). To facilitate processing of the nomination, it should be lodged at the Department of Immigration and Multicultural Affairs (DIMA) office nearest to your place of business.
A decision on the nomination will be made on the basis of the information you provide, your circumstances and the legal processing requirements in place when it is lodged and the charge paid.
If you want to change any details after you lodge the nomination, or if you want to withdraw it, please contact the office where you lodged the form.
Please notify the office where you lodged the form if your circumstances change (for example, you change address).
Advertisements must accurately reflect the duties of the position, salary and other benefits offered as set out in the nomination. They must be prominently displayed so as to attract a maximum response. Employers are also asked to give details of Australian applicants and the reasons they were not selected.
LMT requirements are waived in respect of MODL occupations. Under certain circumstances, standard LMT requirements can also be waived by the DIMA processing office. An employer seeking a waiver, or variation to the normal requirements, is required to present a submission showing why LMT would have no effective result. For example, if the position involved the introduction of an advanced technology not available in Australia.
You will be advised in writing whether your nomination has been approved or not. The letter will explain the steps your nominee will need to follow to obtain their visa.
Your nominee will need to satisfy certain regulatory criteria in order to have their application for a visa approved. As part of this assessment process, the DIMA overseas office may need to refer your nominee's qualifications to a relevant authority for advice.
RetirementPeople who have retired, can demonstrate the financial capacity to support themselves and wish to live out their retirement in Australia, are welcome, provide they have only one dependant. Their spouse. The visa holder may not undertake any employment and the visa is a temporary residence type.
It should be noted that there are no arrangements for national health insurance for temporary visa holders, and so you will need proper health cover, as Australian health care is frighteningly expensive.
Applicants will be over 55 years of age and require AUD 650,000 in the bank, private insurances in place and be of good health and character.
This program is designed to allow young people (between 18 and 30) who are citizens of a partner country and who are traveling in Australia without a dependant, the opportunity to work and supplement their funds.The number of countries with reciprocal arrangements is growing, and if you are considering a working holiday in Australia, all you have to do is apply for the visa and agree that (a) your primary purpose is a holiday and, (b) you will leave before your visa expires.You can't get two of these, so if you have been in Australia on a Working Holiday Visa and you wish to return to work again, talk to us about another category of visa.
There are six sub-categories of student visa in Australia. You will require proofs of academic levels achieved in order to qualify for any particular visa under these categories. You will also need health and police checks, proof of ability to support yourself and pay the fees.There are similar booklets for each level of the visa process.
The subclasses are:
" Independent ELICOS;
" Schools;
" Vocational Education and Training; -
" Higher Education;
" Masters and Doctorate;
" Non-award Foundation/Other; and AusAID or Defence.
Schools (subclass 571). This visa subclass is for overseas students undertaking
a course of study at a primary school or a secondary school including both
junior and senior secondary school.
Secondary school exchange students
This visa subclass is also for overseas school students participating in a
formal registered secondary exchange program.
The booklet goes on to say:
"To apply for a student visa, secondary exchange students must present an official Acceptance Advice of Secondary Exchange Student (ARSES) form. This form is issued by the relevant State/Territory education department to organisations that satisfy requirements for exchange registration and are approved to operate their programs.
Package courses
You may apply for a package course comprising a preliminary enabling course, e.g. a pre-requisite English language tuition, foundation or bridging course followed by your principal course. More details are in Part 6 `Preparing your visa application'.
It is important that you state your full study intentions when applying for a student visa. If you intend to undertake a package course but only state that you are doing a short course such as English tuition, you may have a "no further stay" condition attached to your visa. This means that you may not be able to lodge a valid application for a further student visa to undertake your intended principal course. More details on this visa condition are in Part 8 `After arrival in Australia'.
Eligibility to apply for a student visa
You are eligible to apply for a student visa if you are:
overseas, and intend applying for enrolment in a course of study; or
a student visa holder in Australia wishing to enroll in a course of study; or
a student visa holder wishing to change education provider during the first year of your principal course or to change from one education sector to another; or
a student visa holder wishing to apply for permission to work; or
a visitor, working holiday-maker or other temporary visa holder wishing to extend your stay to undertake full-time study in a registered course.
Acceptable courses
To be eligible for a student visa, you must be accepted for full-time study for the whole or part of an education or training course offered by an Australian education provider who is registered on the Commonwealth Register of Institutions and Courses.
There are six sub-categories of student visa in Australia. You will require proofs of academic levels achieved in order to qualify for any particular visa under these categories. You will also need health and police checks, proof of ability to support yourself and pay the fees.
The six categories of visa are set out in the opening sections of the Department of Immigration and Multicultural Affairs booklet entitled "Schools". There are similar booklets for each level of the visa process.
The Australian government operates an Overseas Student Program (OSP) that allows people who are not Australian citizens or Australian permanent residents to study in Australia.
If you wish to study in Australia, you must first obtain a student visa.
The student visa class comprises seven subclasses. Each subclass is based on the education sector of your principal course of study.
The subclasses are:
· Independent ELICOS;
· Schools;
· Vocational Education and Training; -
· Higher Education;
· Masters and Doctorate;
· Non-award Foundation/Other; and AusAID or Defence.
Schools (subclass 571). This visa subclass is for overseas students undertaking a course of study at a primary school or a secondary school including both junior and senior secondary school.
Secondary school exchange students
This visa subclass is also for overseas school students participating in a formal registered secondary exchange program.
Overseas Students (CRICOS). Details of registered courses and education providers are available on the Internet at http://cricos.detya.gov.au
Requirements for the grant of a visa
To be granted a student visa, you must provide evidence that satisfies the assessment factors applicable to you (described in Part 2 `Assessment Levels'). Assessment factors include your financial capacity, English proficiency, likely compliance with the conditions of your visa and any other matters considered relevant to assessing your application. There are 5 Assessment Levels for these assessment factors. The Assessment Levels are prescribed according to the passport you hold and the education sector of your principal course of study.
You must also satisfy the general requirements that are applicable to all student visa applicants (described in Part 3 `General requirements'). General requirements include you being of good character and sound health, and having acceptable health insurance and no outstanding debts to the Commonwealth of Australia."
Applying for a student visa
The basic stages in the processing of a student visa are:After you have read through this booklet and determined your Assessment Level for study in the Schools sector from the country list in Part 2 `Assessment Levels', you complete the relevant parts of the application form, lodge it with the evidence required and pay the application charge.
Part 6 `Preparing your visa application' includes an application checklist which tells you the evidence you must provide and the steps you have to take in completing your application - this may vary according to your Assessment Level, whether you are applying in or outside Australia and whether there will be a preliminary assessment of your application.
The visa processing office assesses your application. Part 7 `Processing your visa application' gives you information on matters relating to the processing of your application including what to do if there is a change in your circumstances.
The visa processing office notifies you of the outcome of your application. If you are successful, you will be granted a student visa with conditions attached.
In Part 8 `Possible conditions applying after arrival in Australia' is a list of the conditions that may be attached to student visas.
There are similar booklets for all the levels of visa, and they are excellent. However, one of our expert, education based immigration agents, can cut the time and ease the frustration in making an application for one of these visas.
Post graduate visa programs hold opportunities opportunites to continue living in Australia. With the right approach, nearly anything can constitute an appropriate reason for a visa.
While the following does not, by any means, constitute the only approach, read and consider what it means as an implication for other visas. It is an excerpt from a Department of Immigration and Multicultural Affairs application form:
"You must read all the information on these pages to ensure you make a valid application. If you do not make a valid application, your application cannot be accepted and will be returned to you immediately without processing.
You will not be able to make a valid application if you become unlawful. You should, therefore, apply at least 2 weeks before your current visa expires. Applications in this visa class can only be lodged by mail or courier to the Adelaide Skilled Processing Centre. This means that you cannot legally apply at any other DIMA office or by any other means.
Application being refused. The provision of information which is incorrect may result in cancellation of your visa. If you need more space to answer any question, write the details on a separate sheet, sign it and attach it to the application form. If a question is not applicable, write `N/A. A decision on your application will be made on the basis of all the information you provide, your circumstances at the time the application is made, and the legal requirements which apply at that time. If your circumstances change in any way after you make your application, you must inform us of the new circumstances, including any change of address.
How to apply
Who should use this form
This application form is an application for a Graduate Skilled (Temporary) Class UQ visa, subclass 497. The subclass 497 visa is intended only for those persons who are in Australia and expect to be able to meet the requirements of and genuinely intend applying for a visa in either of the following permanent visa classes:
· Skilled - Independent Overseas Student (Residence) (Class DD); or
· Skilled -Australian-sponsored Overseas Student (Residence) (Class DE).
· About this visa
The Graduate Skilled (Temporary) visa will, if granted, give you (and any dependants included in the application) a period of stay of up to a maximum of six months (until the date upon which you must, by law, lodge your application for the Class DD or Class DE visa, i.e. the date which is six months from the date you completed your course). Please note that you can only be granted this visa once, and you must ensure that you lodge your application for the permanent visa class DD or DE within this period.
The Graduate Skilled (Temporary) visa will also give you and any dependants granted the visa unrestricted work rights for the period of the visa.
Before filling in the form
Make sure you have read these notes and the detailed requirements in General Skilled Migration booklet 6 (design date 11/01) and form 1187i Graduate Skilled Temporary Stay carefully.
` excluding non-award courses including ELICOS, AusAID, government sponsored (Australian or foreign) and Defence Sector students, as well as any student visa holder with an 8535 or 8503 condition attached to the visa in order to make a valid application for the subclass 497 visa, you MUST:
· be less than 45 years old; and
· include with your application, evidence that you:
- have applied for a skills assessment from the relevant assessing authority for a nominated skilled occupation. Your nominated occupation must be on the Skilled Occupation List; and
- hold the relevant qualifications for your nominated skilled occupation; and
- have completed, in English, a diploma, degree or trade certificate for award by an Australian educational institution after at least 1 year of full time study in Australia; and
· have completed the award qualification in the six months immediately before application; and
· be the holder of a student visa', or have held a student visa', in the six months immediately before application (also applies to any dependents included in your application); and
· be in Australia and hold a substantive visa (also applies to any dependants included in your application); and
· not have been an unlawful non-citizen at any time in the six months before application; and
· be intending to make a valid application for either the Skilled - Independent Overseas Student (Residence) (Class DD) visa; or the Skilled - Australian-sponsored Overseas Student (Residence) (Class DE) visa; and
· Apply on form 1182 Application for a Graduate Skilled Temporary visa; and
Note: refer to General Skilled Migration Booklet 6 for more information on the first four requirements listed above.
If you cannot meet all of the above requirements at the time you lodge your application, you should not apply. Any application not meeting the above requirements will be returned to you immediately, without being processed
There is a plethora of special study visas, ranging from military studies to remedial training for special needs students. Indeed it could be said that post industrial Australia has cashed in on one of its inheritances from a more serious past; a passable and diverse education system.There are many visa qualifying courses available through programs run by diplomatic authorities, (like AUSAid), the Defence College, and a variety of entirely private specialised training organisations and the like.
Anyone with a view to gaining qualifications should get together with one of our trained immigration agents to review the possibilities and make the appropriate applications.
SCHEDULE 1 CLASSES OF VISAS
Part 1 Permanent Visas
Part 2 Temporary Visas (other than Bridging Visas)
Part 3 Bridging Visas
Part 4 Protection, Refugee and Humanitarian visas
SCHEDULE 2 PROVISIONS WITH RESPECT TO THE GRANT OF SUBCLASSES OF VISAS
Subclass 010 Bridging A
Subclass 020 Bridging B
Subclass 030 Bridging C
Subclass 040 Bridging (Prospective Applicant)
Subclass 041 Bridging (Non Applicant)
Subclass 050 Bridging (General)
Subclass 051 Bridging (Protection Visa Applicant)
Subclass 100 Spouse
Subclass 101 Child
Subclass 102 Adoption
Subclass 103 Parent
Subclass 105 Skilled Australian Linked
Subclass 106 Regional Linked
Subclass 110 Interdependency
Subclass 114 Aged Dependent Relative
Subclass 115 Remaining Relative
Subclass 116 Carer
Subclass 117 Orphan Relative
Subclass 118 Designated Parent
Subclass 119 Regional Sponsored Migration Scheme
Subclass 120 Labour Agreement
Subclass 121 Employer Nomination
Subclass 124 Distinguished Talent
Subclass 126 Independent
Subclass 127 Business Owner
Subclass 128 Senior Executive
Subclass 129 State/Territory Sponsored Business Owner
Subclass 130 State/Territory Sponsored Senior Executive
Subclass 131 Investment linked
Subclass 134 Skill Matching
Subclass 135 State/Territory Nominated Independent
Subclass 136 Skilled Independent
Subclass 137 Skilled State/territory nominated independent
Subclass 138 Skilled Australian Sponsored
Subclass 139 Skilled Designated Area Sponsored
Subclass 151 Former Resident
Subclass 155 Five Year Resident Return
Subclass 157 Three Month Resident Return
Subclass 159 Provisional Resident Return
Subclass 200 Refugee
Subclass 201 In Country Special Humanitarian
Subclass 202 Global Special Humanitarian
Subclass 203 Emergency Rescue
Subclass 204 Woman at Risk
Subclass 300 Prospective Marriage
Subclass 302 Emergency (Permanent Visa Applicant)
Subclass 303 Emergency (Temporary Visa Applicant)
Subclass 309 Spouse (Provisional)
Subclass 310 Interdependency (Provisional)
Subclass 410 Retirement
Subclass 411 Exchange
Subclass 415 Foreign Government Agency
Subclass 416 Special Program
Subclass 417 Working Holiday
Subclass 418 Educational
Subclass 419 Visiting Academic
Subclass 420 Entertainment
Subclass 421 Sport
Subclass 422 Medical Practitioner
Subclass 423 Media And Film Staff
Subclass 424 Public Lecturer
Subclass 425 Family Relationship
Subclass 426 Domestic Worker (Temporary) Diplomatic or Consular
Subclass 427 Domestic Worker (Temporary) Executive
Subclass 428 Religious Worker
Subclass 430 Supported Dependant
Subclass 432 Expatriate (Temporary)
Subclass 442 Occupational Trainee
Subclass 444 Special Category
Subclass 445 Dependent Child
Subclass 446 Confirmatory (Temporary)
Subclass 447 Secondary Movement Offshore Entry (Temporary)
Subclass 448 Kosovar Safe Haven (Temporary)
Subclass 449 Humanitarian Stay (Temporary)
Subclass 450 Resolution of Status Family Member (Temporary)
Subclass 451 Secondary Movement Relocation (Temporary)
Subclass 456 Business (Short Stay)
Subclass 457 Business (Long Stay)
Subclass 459 Sponsored Business Visitor (Short Stay)
Subclass 461 New Zealand Citizen Family Relationship (Temporary)
Subclass 497 Graduate Skilled
Subclass 499 Olympic (Support)
Subclass 570 Independent ELICOS Sector
Subclass 571 Schools Sector
Subclass 572 Vocational Education and Training Sector
Subclass 573 Higher Education Sector
Subclass 574 Masters and Doctorate Sector
Subclass 575 Non award Foundation/Other Sector
Subclass 576 AusAID or Defence Sector
Subclass 675 Medical Treatment (Short Stay)
Subclass 676 Tourist (Short Stay)
Subclass 679 Sponsored Family Visitor (Short Stay)
Subclass 685 Medical Treatment (Long Stay)
Subclass 686 Tourist (Long Stay)
Subclass 771 Transit
Subclass 773 Border
Subclass 785 Temporary Protection
Subclass 786 Temporary (Humanitarian Concern)
Subclass 800 Territorial Asylum
Subclass 801 Spouse
Subclass 802 Child
Subclass 804 Aged Parent
Subclass 808 Confirmatory (Residence)
Subclass 814 Interdependency
Subclass 820 Spouse
Subclass 826 Interdependency
Subclass 831 Prospective Marriage Spouse
Subclass 832 Close Ties
Subclass 834 Permanent Resident of Norfolk Island
Subclass 835 Remaining Relative
Subclass 836 Carer
Subclass 837 Orphan Relative
Subclass 838 Aged Dependent Relative
Subclass 840 Business Owner
Subclass 841 Senior Executive
Subclass 842 State/Territory Sponsored Business Owner
Subclass 843 State/Territory Sponsored Senior Executive
Subclass 844 Investment linked
Subclass 845 Established Business in Australia
Subclass 846 State/Territory Sponsored Regional Established Business in Australia
Subclass 850 Resolution of Status (Temporary)
Subclass 851 Resolution of Status
Subclass 855 Labour Agreement
Subclass 856 Employer Nomination Scheme
Subclass 857 Regional Sponsored Migration Scheme
Subclass 858 Distinguished Talent
Subclass 859 Designated Parent
Subclass 861 Skilled Onshore Independent New Zealand Citizen
Subclass 862 Skilled Onshore Australian sponsored New Zealand Citizen
Subclass 863 Skilled Onshore Designated area sponsored New Zealand Citizen
Subclass 866 Protection
Subclass 880 Skilled Independent Overseas Student
Subclass 881 Skilled Australian sponsored Overseas Student
Subclass 882 Skilled Designated Area sponsored Overseas Student
Subclass 956 Electronic Travel Authority (Business Entrant Long Validity)
Subclass 976 Electronic Travel Authority (Visitor)
Subclass 977 Electronic Travel Authority (Business Entrant Short Validity)
Subclass 995 Diplomatic (Temporary)
Department of Immigration and Multicultural Affairs
Melbourne Office Trades Recognition Australia
Tel: (02) 6121 7456
Business Centre
Tel: (03) 9235 3057
Fax: (03) 9235 3206
Visit DIMA OnLine:
Forms OnLine: http://www.immi.gov.au/allforms/formlist.htm
Fact Sheets OnLine: http://www.immi.gov.au/facts/index.htm
Dandenong
51 Princes Highway, Dandenong VIC 3175
Counter Hours: Mon-Fri 0900-1600 (Wed 0900-1500)
Tel: 131 881 all Victorian Offices
Tel: 131 880 citizenship information
Tel: (03) 9235 3030 24 hour recorded information
Fax: (03) 9706 7068
Preston
Cnr Bell Street & Plenty Road, Preston, Vic 3072
Counter Hours: Mon-Fri 0900-1600 (Wed 0900-1500)
Tel: 131 881 all Victorian Offices
Tel: 131 880 citizenship information
Tel: (03) 9235 3030 24 hour recorded information
Fax: (03) 9487 3463