Migration and Visa Services

Australia’s migration system is governed by the Migration Act 1958, Migration Regulations 1994, Australian Citizenship Act 2007 and other legislation.

All visitors to Australia must hold a visa. This will be a temporary or permanent visa depending on the needs of the traveller and their eligibility under the Migration Act. For example, a tourist will visit Australia on a tourist visa for short term visits, while a skilled migrant may obtain a permanent visa to work and live in Australia indefinitely.

Permanent residents are entitled to apply for Australian Citizenship once they meet the relevant criteria.

The migration system can be bewildering, perplexing and even discouraging. There are a large number of visa classes and even more subclasses and a variety of forms and associated documents which may be required in order to make a valid visa application.

Snedden Hall & Gallop’s experienced migration team takes pride in assisting individuals, families and employers to navigate the migration maze. We are all registered migration agents bound by the Code of Conduct for Migration Agents and are members of the Migration Institute of Australia.

Gerald Santucci is one of Australia’s longest registered migration agents, advising and assisting in migration matters since 1989 (before the migration agent registration scheme was introduced).

Nicholas Tebbey is a consulting lecturer in the Australian National University’s Graduate Certificate in Migration Law and Practice.

• Skilled Migration
  

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  This stream of visa classes is targeted by the Department of Immigration and Citizenship (DIAC) as part of the Australian government’s focus on economic growth.
  
  Classes within this stream include:
  

  • General Skilled Visas
  • State Sponsored Skilled visas
  • Employer Sponsored visas

  
  There are a variety of temporary and permanent visas within the skilled migration program.
  
  An application for a visa in this stream may require consideration of a combination of issues, including:
  

  • Skills assessment;
  • Passing a points test;
  • Sponsorship by a State/Territory government or an employer;
  • English language capabilities;
  • Work experience;
  • Health and character checks; and
  • Age restrictions.

  
  This area of migration is constantly evolving as the government changes its priorities. Currently there are announced reviews of the points test and the list of skilled occupations. It has also been announced in the 2011 Budget that the government will increase its focus on regional migration in the coming years. To learn how these changes affect your migration options, contact our team of experts today.
  
  
• Employer Sponsored Visas
  

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  We assist corporate clients looking to sponsor and employ skilled workers from overseas. We also assist skilled migrants looking to be employed in Australia on a temporary or permanent basis by their employer.
  
  The main visa types in this category are:
  

  • Business (Long Stay) visa (Subclass 457)
  • Employer Nomination Scheme (subclass 121/856)
  • Regional Sponsored Migration Scheme (subclass 119/857)

  
  Business (Long Stay) visa (Subclass 457)
  
  The Business (Long Stay) visa is valid for stays between 3 months and 4 years. This visa is used by Australian businesses seeking to employ skilled personnel from overseas. The position to be filled must require skills and/or knowledge and the visa applicant must be able to show that they have the education and / or work experience to fill this position.
  
  There are three steps involved in a visa application of this type:
  

  1. The company must apply for sponsorship approval;
  2. The company must nominate a position to be filled; and
  3. The visa applicant must lodge a visa application.

  
  Employer Nomination Scheme (subclass 121/856)
  
  This visa category allows Australian employers to fill highly skilled positions in Australia on a permanent basis. The position to be filled must require skills and/or knowledge and the visa applicant must be able to show that they have the education and / or work experience to fill this position.
  
  The application follows a two-step process:
  

  1. Nomination by the employer;
  2. Visa application by the nominated applicant.

  
  Regional Sponsored Migration Scheme (subclass 119/857)
  
  This visa allows Australian employers in regional or low population areas of Australia to fill skilled positions with non-Australian citizens/permanent residents on a permanent basis.
  
  The RSMS process consists of three stages:
  

  1. Certification of the nomination/vacancy by a Regional Certifying Body;
  2. Nomination is assessed by DIAC;
  3. Nominee's application for a visa.

  
  
• Family Visas
  

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  Despite its focus on skilled migration, the government remains committed to allowing Australian citizens and permanent residents to bring their family members to Australia. There are a variety of visa options, therefore, allowing family members to migrate. These include Partner Visas, Fiancé (Prospective Marriage) visas, Parent visas (including contributory parent visas), as well as visas for remaining relatives, carers, and children.
  
  Generally speaking, the crux of these visa applications is a relationship with an Australian permanent resident or citizen. That person becomes the sponsor of their relative for the purposes of the application.
  
  The evidence that needs to be provided will vary from application to application, however it is imperative that you prove the relationship between the Australian sponsor and the applicant.
  
  The applicant will also need to meet the general health and character public interest criteria.
  
  If there is a family visa option available for you, we will help you navigate the application process.
  
  
• Business Skills Visas
  

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  The business skills category is designed to attract applicants to Australia who have the skills to enhance the Australian economy. The rationale for this visa scheme is to:
  

  • develop links with international markets;
  • facilitate the creation or maintenance of employment in Australia;
  • increase the export of Australian goods and services;
  • increase the manufacture of goods or provision of services in Australia which would otherwise need to be imported;
  • introduce new technology; and
  • increase commercial activity and competitiveness.

  
  Those who apply for - and are granted business visas will usually follow a two step process which starts with a provisional visa, followed in by a permanent visa if they meet ongoing obligations - except applicants for the Subclass 132 Business Talent visa who, once approved, will be granted permanent residence.
  
  The types of business people who would normally be eligible for a Business skills visa include:
  

  • Successful business people who own or part own a business or businesses.
  • Senior executives of major businesses who can utilise their skills to establish or be Involved in a business activity in Australia; successful business people or investors who would prefer to invest substantial sums into Government backed funds for a fixed period of four years.
  • Certain business people who have established successful businesses while in Australia and as the holders of qualifying visas.

  
  
• Student Visas
  

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  Australia is well recognised internationally in providing high quality education at all levels. It is a popular destination for study. Working through the myriad of Student Visa options can be difficult. We have substantial experience in representing many Student Visa applicants. We will be able to guide you in relation to the right visa category for your situation.
  
  The categories are:
  

  • Schools Student Visa (Subclass 571) for study in a primary or secondary school.
  • Vocation Education and Training Student Visa (Subclass 572) for students studying a Diploma, Advanced Diploma or Certificate.
  • Higher Education Student Visa (Subclass 573) for those seeking a tertiary qualification from a university, such as a Bachelor degree, Graduate Diploma or Graduate Certificate.
  • Postgraduate Student Visa (Subclass 574) for those seeking a postgraduate qualification, such as a Masters or Doctorate degree.
  • Non-Award Foundation Student Visa (Subclass 575)
  • AusAID or Defence Sponsored Student Visa (Subclass 576)
  • Independent English Language Intensive Courses for Overseas Students (ELICOS) Student Visa (Subclass 570)
  • Student Guardian Visa (Subclass 580) – this visa enables a parent or guardian of a student to travel to Australia with the student to care for them. It is subject to very strict visa conditions.

  
  To qualify for a Student Visa, you must:
  

  • be enrolled to study full-time with an education provider registered with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
  • demonstrate that you have sufficient financial support to pay for your ongoing tuition fees, provide for your needs in Australia, and care for any dependent family members who travel with you.
  • demonstrate your English proficiency

  
  
• Other Temporary Visas
  

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  The majority of people come to Australia as temporary residents. Temporary residency is granted to people who come to Australia for a particular purpose, for example, to study, do an internship, work for a particular company or to visit as a tourist.
  
  In most cases temporary visas are subject to limitations and conditions which may include:
  

  • Time restrictions on entering and remaining in Australia
  • Work restrictions
  • Study obligations
  • Health insurance requirements
  • No further visa applications from within Australia

  
  
• Australian Citizenship
  

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  Obtaining Australian citizenship is the ultimate step in the migration process. In addition to children of Australian citizens, permanent residents who have lived in Australia for a required period of time are eligible to apply for citizenship. We assist in citizenship applications.
  
  How we are able to assist:
  

  • Advising on eligibility to apply for citizenship
  • Advising on evidence required provide in support of the citizenship application
  • Preparing and coordinating the citizenship application
  • Advising about the citizenship test
  • Advising about exemptions to the residency requirement
  • Preparing detailed written submissions, as required
  • Addressing any character issues

  
  Australian citizenship represents full and formal membership of the community of the Commonwealth of Australia. This means that, as a citizen of Australia, you will have the following rights and obligations:
  

  • Loyalty to Australia and its people
  • Share in Australia’s democratic beliefs
  • Respect other Australian citizens’ rights and liberties
  • Uphold and obey the laws of Australia
  • Travel in and out of Australia without requiring a visa
  • Vote in government elections
  • Apply for any public office or stand for election as a Member of Parliament
  • Apply for an Australian passport
  • Apply to serve in the Australian Defence Forces
  • Apply for certain government jobs
  • Register your children as Australian citizens
  • Request emergency assistance from Australian consular staff when travelling outside Australia
  • Not be removed or deported from Australia

  
  These rights are in addition to those that people already hold as permanent residents of Australia.
  
  
• Migration Appeals and Merits Review
  

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  Where a visa application is refused, or a visa is cancelled, the applicant may be entitled to apply for review. It is important to note that not all applicants are entitled to review under the Migration Act. In addition, there are very strict timeframes for review. It is therefore essential that you seek legal advice as soon as possible if a situation arises which requires review.
  
  The Migration Review Tribunal is one of several bodies charged with the responsibility for reviewing migration decisions. It reviews most decisions by the Department of Immigration and Citizenship (except for protection visas which are dealt with by the Refugee Review Tribunal and character decisions which are reviewed by the Administrative Appeals Tribunal).
  
  If you apply for review, the Tribunal will consider the merits of the case and makes its own decision on the application without having regard to the earlier decision. Accordingly the review body may ask for further information to be provided and will normally conduct a hearing in order to obtain verbal evidence from the review applicant and any supporting witnesses.
  
  Once the Tribunal has considered all of the supporting material it can decide to confirm the original decision or to overturn it.
  
  
• Refugees
  

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  Coming soon
  
  

• What is the difference between temporary migration and permanent migration?
  

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  Temporary migration is for people who choose to come to Australia for a period of time but not remain here permanently. Permanent migration relates to those who come and stay as permanent residents. They are able to enter and leave the country as if they were Australian citizens. However, the longer a permanent resident remains out of the country, the longer he or she will have to wait to become a citizen.
  
  
• When I came to Australia and I met and fell in love with the woman of my dreams. We got married and I got a visa but our relationship is now rocky. If we divorce will I have to go back to my own country?
  

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  It will depend very much on the reasons for the relationship ending. There are circumstances where an application can be made to the Department of Immigration and Citizenship for a permanent visa even if the relationship has ended. However, as a rule, unless you are eligible for another type of visa, you will have to leave Australia.
  
  
• I want to apply under the general skilled migration category and have the skill of a chef and scored an English mark of 7 on each category. Will that give me the points I need to apply?
  

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  Under the points test introduced in July 2011, the skill you have does not earn any points. The skill must be on the list of skills as published from time to time. If the skill is on the list you can proceed but remember, a score of seven (7) in English earns you the right to apply but does not give you any points.
  
  
• I am a registered nurse, working in a hospital and would like to apply for permanent residency. Is that available to me?
  

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  You can obtain permanent residency as a registered nurse if you have an employer willing to sponsor you, you have experience over a number of years and you speak English well. You may also apply for temporary residency to build up your experience and then move on to the permanent residency pathway after two (2) years, provided your employer remains willing to sponsor you.
  
  

• If I study in Australia, can I become a permanent resident?
  

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  If you migrate to Australia on a Student Visa, you will have a temporary visa, which usually lasts for as long as the course you are studying. If you are on a Student Visa and graduate in Australia, it does not mean that you have an automatic right to permanent residency. However, you may be eligible to obtain permanent residency under the ‘skill’ category because of the skills that you obtained through your Australian education.
  
  
• If I am a student, am I allowed to work and set up a business whilst studying at the same time?
  

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  Yes, you can set up a business and run it during holidays and in your spare time. However, you must not breach any of the specific conditions attached to your visa, including the obligation that you work no more than 20 hours per week when the education institution is in session. Immigration does not advise that you fund your study and living costs in Australia through working. Rather, the Australian government’s intention is that working should only allow you to supplement existing funds. As such the government takes an extremely serious view where students are caught working more than 20 hours a week, including mandatory cancellation of the Student Visa and departure from Australia.
  
  
• I received a letter from my university stating that I have failed to meet course requirements, what does it mean?
  

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  It is important that you are aware of the circumstances where your Student Visa may be automatically cancelled. For example, an education provider must notify the Department of Immigration and Citizenship if a student withdraws their enrolment, does not meet course requirements (eg. 80% attendance for courses), or fails to meet satisfactory academic performance. If you receive a Notice of Intention to Cancel your Student Visa, you should seek legal advice as soon as possible. It is important that you adhere to the time limits specified in your letter or your Student Visa may be automatically cancelled and you must leave the country.