If you are thinking of moving to Australia, it is important to understand the legal immigration system here. The process of obtaining a visa and settling in can be complex, but with the right information, it is definitely doable.
In this blog post, let’s talk about the legal immigration system in Australia and the key steps you need to take to immigrate to Australia legally. So read on for all the details!
Brief Overview of How the Australian Legal Immigration System Works
The Australian legal immigration system is a points-based system that gives priority to skilled workers who have the skills and qualifications that are needed in the Australian economy. This legal immigration system aims to attract and retain the best and brightest migrants from around the world who can contribute to Australia’s economic growth and prosperity.
To be eligible to apply for a skilled visa, applicants must first submit an expression of interest (EOI) through the Department of Home Affairs website. Applicants must meet certain criteria, including age, English language proficiency, work experience and qualifications.
Once an EOI is lodged, points are allocated to applicants based on their attributes. Those with the highest points score will be invited to apply for a skilled visa.
If you are successful in your application, you will be granted a skilled visa that allows you to live and work in Australia for a specified period. You may also be eligible to apply for permanent residency after meeting certain requirements.
The Different Types of Visas Available in Australia
There are several different types of visas available in Australia, each with its own eligibility criteria and conditions. Some of the general visa classifications are outlined below. Please take note that this is not a comprehensive list. It is still important to research the different types of visas available and to consult with a registered migration agent to ensure that you lodge the correct application for your specific circumstances.
Skilled Visa
The most common type of visa is the skilled visa, which allows skilled workers to live and work in Australia on a temporary or permanent basis. To be eligible for a skilled visa, applicants must meet a certain age, English language proficiency, work experience, and qualifications requirements.
Student Visa
Another popular type of visa is the student visa. Student visa holders in Australia can study at an Australian educational institution and gain access to certain government services and benefits. Student visa holders may also be eligible to work part-time while they are studying.
Business Visa
The Australian business visa allows business visa holders to stay in Australia for up to three months and may be eligible to extend their stay for a further three months. Business visa holders can engage in business activities, such as attending business meetings, conferences, and seminars, or establishing a new business venture.
Family Visa
Family visas allow family members of Australian citizens or permanent residents to live in Australia on a temporary or permanent basis. Family visa holders may be eligible for certain government services and benefits, and they may also be able to work while they are in Australia.
Tourist Visa
Tourist visa holders are typically granted permission to stay in Australia for up to three months. Tourist visa holders can engage in activities, such as sightseeing, visiting family and friends, or attending business meetings.
The Visa Application Process
According to the Australian immigration law, the application process for an Australian visa can vary depending on the type of visa you are applying for. Generally, you will need to write an EOI through the Department of Home Affairs website. You will then be invited to apply for a visa if your EOI is successful.
If your visa application is refused, you may be able to appeal the decision. If you lodge an appeal, it will be heard by the Administrative Appeals Tribunal (AAT). The AAT can either uphold the original decision or overturn it and grant you a visa.
It is important to seek professional advice if your visa application is refused as there may be grounds for an appeal. An experienced migration agent will be able to advise you on the best course of action to take.
Recent Changes to the Australian Legal Immigration System in 2022
The Australian legal immigration system is constantly evolving to meet the needs of the Australian economy and to attract the best and brightest migrants from around the world. If you are interested in applying for a skilled visa, it is important to keep up-to-date with the latest changes to ensure that you meet the eligibility criteria.
As of June 2022, here are just some of the notable changes in the immigration policy:
Distribution of Migration
The good news is that for the next fiscal year 2022-2023, the migration planning levels allotted by the Australian Federal Budget remain at 160,000. However, the distribution of the country’s migration program has changed significantly with the skilled visa stream to account for two-thirds of the program. This stream will include employer-sponsored visas, as well as skilled visas 189, 190, and 491.
Permanent Residency for Short-Term Temporary Skill Shortage (TSS) Visa 482
For those who are currently TSS (subclass 482) visa holders, stayed and supported the Australian economy during the pandemic, starting 1 July 2022, you may apply for permanent residency if you meet the following requirements:
- You stayed in Australia for 12 months during the time duration starting 1 February 2020 until 14 December 2021.
- You are a TSS (subclass 482) visa holder at the time of the application.
- You must be working for the same employer for 3 years before applying.
Permanent Residency for Short-Term Temporary Skill Shortage (TSS) Visa 457
TSS (subclass 457) are also given the same permanent residency opportunity. You are eligible to apply if:
-You are a TSS (subclass 457) visa holder at the time of the application, and
– You stayed in Australia for 12 months during the time duration starting 1 February 2020 until 14 December 2021.
Additional updates indicated that there is no age limit for those who fall within the definition of legacy 457.
Other Changes Before June 2022
During the first half of 2022, there were also some changes including the introduction of the Australian Agriculture visa, which aimed to address the labour shortages in the country’s agriculture sector. Hong Kong and British Nationals were also given the opportunity for permanent residency provided they meet the eligibility requirements.
You can find more information about the changes on the Department of Home Affairs website.
Takeaway
The Australian legal immigration system is one of the most complex in the world. Navigating it can be difficult, especially if you do not have an experienced lawyer by your side. If you are interested in immigrating to Australia or would like more information, it is best to consult with an immigration law expert. A team of immigration law experts will be happy to answer any questions you may have and help you through the process every step of the way.
