Immigration Law Article

Which type of visa are you eligible for?

If you are seeking to visit, work, study or live in Australia, it is expected that you research and identify which visa would be most appropriate for your purposes of travel. For non-English speaking individuals, the process to find a suitable visa and apply for it may become unnecessarily confusing. The four most common types of visas available to non-Australian visa applicants, highlighting their eligibility, costs and entitlements. These visas include:

1. Tourist visas;
2. Working Holiday visas;
3. Student visas;
4. Partner visas; and
5. Skilled visas.

This article provides a brief explanation in relation to Partner visas and Skilled visas.

Partner visas

If you are the de factor partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen living in Australia temporarily, you may be eligible to apply for the Partner visa (subclasses 309 and 100).

If you have not yet held a Partner visa of any kind, you must first apply for the temporary Partner (Provisional) visa (subclass 309). This visa allows you to temporarily stay in Australia until you are either granted a permanent Partner visa (subclass 100), or until you withdraw your application. Importantly, you must be outside of Australia when making this application. Once the Partner (Provisional) visa (subclass 309) has been granted, you will be allowed to reside in Australia and will be required to provide 2 years of ongoing documentation to prove a genuine relationship with your partner before being granted permanent residency through the Partner visa (subclass 100). The cost of applying for the Partner (Provisional) visa (subclass 309) is $8,850.00 (AUD), with an additional fee applied for each family member applying for the visa with you. While this amount is quite large, this does also cover the cost for your permanent Partner visa (subclass 100).

Whilst under either a provisional or permanent Partner visa, you are eligible to not only stay in Australia, but work, study, apply for Medicare, attend free English language classes, and travel to and from Australia as many times as you want.

Skilled visas

Australia's skilled migration program offers various avenues for individuals and families seeking permanent residency. Among the prominent options are the Subclass 189 and Subclass 190 visas, both points tested and not requiring employer sponsorship. The Subclass 189 is independent, while the Subclass 190 necessitates sponsorship from a state or territory. Applicants must attain a minimum of 65 points, which are allocated based on criteria like age, English proficiency, and work experience. Additionally, the Subclass 491 caters to skilled workers in specific regional areas, mandating sponsorship from a state or eligible family member. Furthermore, the Subclass 186 facilitates employer nomination for permanent residency, whereas the Subclass 494 serves as a regional variant. The Subclass 482 addresses temporary skill shortages through employer sponsorship, while the Subclass 485 allows international students to undertake post-graduation work. Each visa category entails distinct eligibility requirements and application procedures, offering diverse pathways for skilled migration to Australia. Generally visa application fees for these visas can range from approximately $1,500 (AUD) to $5,000 (AUD) for the main applicant.

These visas share a focus on addressing skill shortages and attracting skilled individuals to contribute to Australia's economy. With sectors like healthcare and IT experiencing shortages, skilled migrants bolster growth and innovation. Our country's allure lies in its high living standards, quality education, healthcare, diverse culture and scenic landscapes, making it a sought-after destination for those seeking improved opportunities and quality of life.

How we can help

If you are considering applying for a visa to visit, work, study or live in Australia, the team at CJM Lawyers are here to help. Our immigration solicitors who are experienced in migration matters, including visa applications, are more than happy to assist throughout each step of the application process. To make matters more stress-free, many of our team are fluent in more than one language including Japanese, Korean, Mandarin, Spanish and French making it easier for you to gain a full understanding of the application process. If you seek assistance with your visa, please do not hesitate to contact Jake Jeong, head of our immigration team on 1300 245 299.

Disclaimer: This article is for general understanding and should not be used as a substitute for professional legal advice. Any reliance on the information is strictly at the user's risk, and there is no intention to create a lawyer-client relationship from this general communication.