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The 1st Contact Visas Encyclopaedia of
Australian Migration Applications


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Parent (Migrant) visa (subclass 103)

This visa is for you if you are a parent of a child (natural, adopted or step child) who is a settled Australian citizen, settled permanent resident or settled eligible New Zealand citizen and:

  • at least half of your children are permanently resident in Australia
  • you have more children living permanently in Australia than any other country

Your spouse and other family members may be included in your application if they meet certain requirements.

This visa allows you and your accompanying spouse and dependent family members to live as permanent residents in Australia. You can also:

  • work and study in Australia
  • receive subsidised healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS)
  • access certain social security payments (subject to waiting periods)
  • be eligible to apply for Australian citizenship (subject to the residency eligibility criteria)
  • sponsor people for permanent residence (subject to waiting periods).

Applicants for non-contributory parent visas may have to wait many years (currently approximately 12 years) before being granted a visa, as the Government limits the number of places available each program year. To manage demand fairly, people who apply and meet core criteria for the grant of this visa, are placed in a global queue.

Because of long waiting periods, applicants may choose to apply for a Contributory parent visa where applicants (or their sponsor) pay a much larger visa application charge and Assurance of Support bond. Applicants (or their sponsor) are contributing to Government revenue and helping to offset some costs placed on the community by parent migration. The Government also limits the number of places available for Contributory parents each year, but there are more places available so the waiting period for grant of a Contributory parent visa is much shorter.

You will need an Assuror of Support who can be your sponsor or another person. This person must be prepared to:

  • provide financial assistance to the applicant and the applicant's accompanying spouse and dependent family members so they do not need to rely on any government forms of support for two (2) years of residency
  • repay any recoverable social security payments made to the applicant or their accompanying spouse and dependent family members in the first two (2) years of residency in Australia. The amount to be put forward is $10 000 AUD for one applicant and $14 000 AUD for a couple. This amount will be returned after a 2 year period.

The balance of family test requires that:

  • half your children must be permanently resident in Australia; and
  • you have more children permanently resident in Australia than any other single country.

 

Parent Visa

This is a member of the Family Visa group and refers specifically to all types of visa where the applicant is the parent of an Australian citizen or permanent resident. To be eligible for a Parent visa, the applicant(s) must prove that the majority (half or more) of his/her children are Australian citizens or permanent residents, along with other criteria, depending on exactly which type of parent visa it is.

Parent visas can be either temporary or permanent residence visas, depending on the circumstances of the applicant.

See: Parent (Migrant) visa (subclass 103); Contributory Parent (Migrant) visa (subclass 143); Contributory Parent (Temporary visa (subclass 173)

 

Partner Visas

This is a general term that refers to all types of visa where the applicant is the husband or wife or unmarried or same sex partner of an Australian citizen or permanent resident. For this type of visa, it must either be demonstrated that the couple have co-habited for a minimum period of time, or that they intend to be married in Australia.

Depending on the nature of the relationship, and its duration, Partner Visas can be either permanent residence, provisional, or temporary residence.

See: Interdependency Temporary Visa (Subclass 310); Interdependency Permanent Visa (Subclass 110); Prospective Marriage Visa (Subclass 300); Spouse Temporary Visa (Subclass 309); Spouse Permanent Visa (Subclass 100)

 

Permanent Residence

This is a residence status that denotes the holder as having leave to remain in Australia indefinitely, with no restrictions on place of abode or occupation. It is generally awarded to highly skilled migrants, or migrants whose skill is highly in demand, or migrants of close family of Australian citizens or existing permanent residents. Examples of Permanent Residence visas are the Skilled Independent visa subclass 175, the Contributory Parent visa subclass 143, and the Spousal visa subclass 100.

Permanent residence can not normally be lost while the holder also holds a valid visa. However, in the event the visa expires, the holder may have to prove residency in Australia to have permanent residency re-awarded.

 

Points for Age

Australia intends for skilled migrants to contribute to the economy throughout their careers. The younger a skilled person, the more of a contribution they are able to make. Therefore, applicants under the age of 30 can claim 30 points for age. After the age of 30, 5 points are lost for every 5 years of age. That is to say a 33 year old would claim 25 points, a 36 year old, 20 points, and a 44 year old, 15 points.

This is a compulsory points category and is dependent on age. Points must be claimed in this category in order to apply for a points tested visa. 

 

Points for Australian Study

If an applicant has studied in Australia, then additional points can be claimed. This is dependent on the course of study, the duration of the course and when it was undertaken.

This is an optional points category. Points need not be claimed in this category in order to apply for a points tested visa. 

 

Points for Australian Work Experience

If an applicant has worked in Australia, then additional points can be claimed. This is dependent on the nature and duration of the work, and how recently it was undertaken.

This is an optional points category. Points need not be claimed in this category in order to apply for a points tested visa.

 

Points for Designated or Community Language

Australians take pride in the smaller communities that make up the whole community of Australia. It is recognised that some of these communities have a second language, which is not English. If the primary applicant is a licensed translator, or has completed a degree level qualification in one of Australia’s Community Languages, then 5 points can be claimed for Community Language.

This is an optional points category. Points need not be claimed in this category in order to apply for a points tested visa.

 

Points for English Language

Australia is an English speaking country, and the legal system, education and majority of business dealings are conducted in English. It is therefore considered that in order to settle successfully in Australia, an applicant must be competent in English. An applicant’s English ability is determined by their English Language Testing System (IELTS) test result.

IELTS is a globally recognised test to grade an applicant’s English language ability against a common standard. The test consists of 4 sections, Speaking, Listening, Reading and Writing.

For purposes of a skilled visa, an applicant is required to achieve the minimum score of 6 (with the exception of tradesmen, who must achieve a minimum score of 5) in each of the 4 sections, in order to claim 15 points. An exception is made for applicants who are native to countries where English is the 1st language (UK, Ireland, Canada, USA and New Zealand)

If an applicant is unable to claim at least 15 points for English language, then they are not eligible for a skilled visa.

Applicants who are proficient in English, and are able to achieve a score of 7 or more in each of the 4 sections of an IELTS test, a score of 25 points can be claimed. This would benefit an applicant who seeks to increase their points score and perhaps apply for a better class of visa. 

This is a compulsory points category and is based on English competency. Points must be claimed in this category in order to apply for a points tested visa.

 

Points for Family Sponsorship

If the applicant has a close family member who is an Australian citizen or permanent resident, and that family member has resided for at least 12 months in a designated area of Australia, then the applicant can claim 25 points for family sponsorship. This is an optional points category. Points need not be claimed in this category in order to apply for a points tested visa. This is a compulsory points category for a Designated Area Family Sponsored Visa. Points must be claimed in this category in order to apply for a Designated Area Family Sponsored Visa. For other visa classes it is not applicable.

 

Points for Occupation in Demand

Applicants who have completed a successful skill assessment in an occupation that is on the Migration Occupations in Demand List can claim an additional 15 points, provided they have worked in this occupation, full time, for at least 12 months within the 4 years immediately before applying for the visa. In addition if they have a firm job offer from an Australian employer in the same occupation, this can be increased to 20 points.

For purposes of a skilled visa to Australia, full time work is considered not less than 20 hours per week.

This is an optional points category. Points need not be claimed in this category in order to apply for a points tested visa.

 

Points for Skill

After being assessed by the relevant authority, an applicant’s nominated occupation on the Skills Occupation List (SOL), will be awarded points.  These can be 40, 50 or 60 points as per the SOL.

This is a compulsory points category and contributes the most points towards a skilled visa. Points must be claimed in order to apply for a points tested visa.

Points for Specific Work Experience

Applicants who have worked in the occupation in which they have been assessed, or a closely related one, for at least 36 months in the 4 years immediately before applying, can claim additional points for work experience. In the case of occupations that attract 60 points on the SOL, 10 points can be claimed. For occupations that claim 50 or 40 points on the SOL, 5 points can be claimed.

This point category is not to be confused with the basic work experience requirement, which is states that every applicant must have worked in an occupation on the Skilled Occupation List for at least 12 months in the 2 years before applying.

This is an optional points category. Points need not be claimed in this category in order to apply for a points tested visa.

 

Points for Spouse Skill

If the spouse of the primary applicant has also successfully completed a skill assessment, and has also worked in an occupation on the SOL for at least 12 months in the 2 years immediately before applying, then an additional 5 points can be claimed. The points normally associated with the spouse’s occupation have no bearing on claiming points as a spouse. That is to say, only 5 points can be claimed, regardless of how many points are normally awarded as per the SOL.

This is an optional points category. Points need not be claimed in this category in order to apply for a points tested visa. 

 

Points for State Sponsorship or Nomination

In the event an applicant has completed a skill assessment in an occupation that is considered in demand in one of Australia’s states or regions, then the applicant can seek sponsorship or nomination from that state. If granted, the applicant can claim 10 points for state or regional Sponsorship. This is a compulsory points category for a State Sponsored Visa. Points must be claimed in this category in order to apply for a State Sponsored visa. For other visa classes it is not applicable.

 

Points Test

Because so many factors are taken into account when assessing an applicant’s eligibility for a skilled visa, a points system has been introduced to simplify the way each factor affects an application. A pass mark has been set for each skilled visa, meaning the applicant must score the prescribed number of points in order to be eligible for that particular visa.

For example, the pass mark for the Skilled Independent visa has been set at 120 points. This is the highest pass mark of all the visas, as is to be expected for the visa that grants the most freedom and least restrictions.

 

Police Checks
See Character Requirements

 

Police Clearances
See Character Requirements

 

Police Reports
See Character Requirements

 

Primary Applicant

This is the main applicant of any application. In the case of a skilled visa, it is the one who has undergone skill assessment. In the case of a Family visa, it is the one who is the relative or partner of the Australian sponsor.

 

Processing Times

The processing time of an application depends on many factors, most important of which is the type of visa being applied for. Processing times can never be guaranteed, and assume that the application does not include any complex or mitigating circumstances. In most cases, a Partner visa application would take about 3 months, Parent visas about 12 months, Skilled visas about 12 months, and special visas about 6 months.

The Department of Immigration and Citizenship is only able to provide an approximate guide to its processing timetable.
 
Factors which can affect the processing timetable include:

  • The number of applications in the migration system;
  • The number of cases allocated processing priority;
  • Staff resources designated to process cases;
  • Places available in the programme year;
  • Medical referrals to the Health Assessment Service in Australia;
  • Character investigation;
  • Cases which are not documented correctly; and
  • Applications are assessed in chronological order from the date of receipt.

 

Proof of Living Together
See Relationship Evidence

 

Prospective Marriage Visa (Subclass 300)

This visa is for prospective marriage partners of Australian Citizens or Permanent residents who wish to enter Australia to marry.

For this visa type, the applicant and the applicants sponsor (The Australian Citizen or Permanent Resident) must demonstrate that they:

  • have met in person; and
  • have registered their marriage with an Australian marriage celebrant, and have set the date of the wedding within 9 months of the applicant’s entering Australia, and have made all necessary arrangements for the wedding.

The sponsor must also demonstrate that he/she has been in employment and is able to support their Spouse in Australia, in the event their spouse is unable to work.

The Prospective Marriage Visa (Subclass 300) is a temporary visa, which will expire after 9 months. The applicant will then be required to demonstrate that the marriage had taken place, as planned, and that the relationship continued, in order to apply for Temporary residence to remain in Australia.

 

Provisional Visas

This is a visa class that awards the applicant a status that is between temporary residence and permanent residence. While the initial residence is temporary (is valid for a limited time only), permanent residence can be progressed to provided certain conditions are met. These conditions are normally stipulated in the initial visa application, and normally require the applicant to live and work in a certain region for a minimum period of time, or require the applicant to co-habit with their partner for a minimum period of time.

Examples of Provisional Residence visas are the Skilled Regional Sponsored visa subclass 475, and the Spousal visa subclass 309.

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