What are Australia’s Immigration Laws?
Australia is a major “immigration nation”. Hundreds of thousands of people migrate to the country each year, on both permanent and temporary visas.
Immigration is federally regulated by multiple laws. Some of those include:
- Migration Act 1958 and Migration Regulations 1994;
- Judiciary Act 1903 (s 39B); and
- Australian Citizenship Act 2007.
Becoming an Australian Citizen
The Australian Citizenship Act 2007 outlines the circumstances in which a person can become an Australian Citizen.
These circumstances include:
- being born within Australia,
- being born to parents with Australian Citizenship,
- acquiring a citizenship through an application.
Permanent residents of Australia can apply for citizenship by conferral. This requires the person to be living within Australia for a certain amount of time, complete a citizenship test, and make a pledge of commitment.
Australia's Visa System
In order to stay within Australia for the required amount of time, a person will need to acquire an appropriate visa. Australia’s universal visa system is established in the Migration Act 1958 and Migration Regulations 1994 and is a system in place to control the movement of non-citizens into the country.
Common Visa Categories
There are many different visas that can be obtained depending on the reason for acquiring the visa. Each visa has a different set of criteria, cost, and processing times. Information on how they vary can be found at: Visa List and Visa Processing Times
Commonly obtained visas include:
Temporary Skilled Visas
These visa types are given out by countries to address labour shortages by employing skilled workers. To be eligible for this visa, a person must be nominated by an employer to work in a field listed in the eligibility criteria and must have been working in that occupation for a minimum of two years. Additionally, a skills assessment relevant to the applicant’s occupation must be completed, and the minimum standards for English proficiency must be met.
The length a holder’s permitted stay depends on the subcategory of temporary skilled visa that is awarded; Short-term stream visas allow a person to work up to 2 years in Australia, whereas medium-term or a labour agreement stream visas allows for 4 years of work.
Temporary skilled visa holders are permitted to travel internationally as they wish and study within Australia, however they will not be eligible for government assistance. Holders may also apply for permanent residency if they meet the eligibility criteria.
The prices for temporary skilled visas range from $1,455AUD to $3,035AUD, with an additional cost of $365AUD for each dependent under the age of 18 years. This price however does not include any tests or certifications such as English language tests, health checks, police certificates and biometrics.
Family Visas
Family visas are applicable to people who have a family member, such as spouse/de facto partner, parent, sibling, etc, living in Australia and wish to join them. These are under the condition that the relative sponsoring the applicant is a permanent resident or an Australian Citizen.
There are many different types of family visas depending on the applicant’s relationship to the person. These include adoption visas, partner visas, carer visas, etc. These visas allow a person to remain within Australia for a set amount of time and may permit work and study. Costs between visas vary, and eligibility may be dependent on different factors such as intent, relationship to sponsor, English proficiency, etc.
Student Visas
There are two types of visas given to students; a student visa and a training visa (a third student visa for parents of students can also be obtained). Both visas allow for the holder to complete either a course of study or a workplace-based training/ professional development program.
The student visa allows for up to a 5 year stay which in in line with the holder’s enrolment in an eligible course of study. They are permitted to travel internationally as they wish and work up to 48 hours per week.
A person holding the training visa is permitted to stay for a period in line with their training course but may be granted to stay for up to 2 years post completion. To be eligible, a person must be sponsored, nominated (unless the sponsor is a Commonwealth Government agency), or invited (if your sponsor is a Commonwealth Government agency).
Benefits of Legal Advice in Navigating Immigration Laws
Having an expert to guide you through the intricacies of Australia's immigration system is incredibly beneficial as the application process for visas can be complicated to navigate. Understanding the process can be difficult since every category of visas has numerous subcategories, each with their own individual eligibility criteria. By employing legal aid, they can assist in making sure that you are applying for the visa that is correct for your circumstances. They will also be informed and knowledgeable on any changes to visas or related legislation that may have occurred, therefore ensuring your application is in line with any changes and hence has the best chance of being approved.
