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Getting Into Australia

Staying In Australia Temporarily

Mathew Collins is Managing Partner of the international visa consultancy, Ambler Collins, based in London. He has many years of experience in assisting individuals, families and companies to prepare and process successful visa applications for Australia.

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People holidaying in Australia must seek a visitor visa (tourist class) from the Australian High Commission. Australia offers visitors a visitor visa that lasts three months or one that lasts for six months. If you are issued with a three month visa the holder must enter within 12 months from the date of issue. However, if you receive a six month visa then the holder may enter within four years from the date of issue, or before the passport expires, whichever occurs first. Australia has very strict rules on overstaying so it is vital that applicants do not fall into an overstay situation.

All people applying for a temporary residence visa must meet health and character criteria. In line with this some applicants my need to undergo a medical and chest X-ray before approval is given.

A person on a temporary residence visa will normally be allowed to travel out of and re-enter Australia for the duration of their visa. It is worth noting that people who stay in the country past the expiry of their visa seriously jeopardise their right to future visits or migration plans.

TAKING A HOLIDAY

Australia offers a wide range of visa categories to enable you to stay in the country on a temporary basis. Over the 2005–2006 financial year almost 100,000 temporary visas were granted to overseas citizens.

Temporary residents with the right to work must pay taxes on any income earned in Australia. They will normally be prevented from claiming social welfare benefits or national public health cover unless they come from a country that has a Reciprocal Health Care Agreement with the Australian government.

USING THE WORKING HOLIDAY SCHEME

The working holiday scheme encourages an international understanding between countries. It provides opportunities for young people to experience Australia through travel and holidaying, and allows them limited work opportunities.

Australia has reciprocal arrangements with the United Kingdom, Canada, the Netherlands, Japan, the Republic of Ireland, the Republic of Korea, Malta, Germany, Denmark, Sweden, Norway, the Hong Kong Special Administrative Region of the People’s Republic of China, Finland and the Republic of Cyprus. Young people from other countries may apply providing they can show the benefits that would be gained in granting them the visa.

Applicants must show that:

  • They are between the ages of 18 and 25 years and have no dependants. Citizens up to 30 years of age may apply if they are from countries that have a reciprocal scheme with Australia.
  • The main reason to travel to Australia is for a holiday, and that any work taken will be incidental to support themselves while holidaying.
  • They will not enrol to study, apart from short-term English language courses.
  • They will leave Australia at the end of their authorised stay.

CATEGORIES FOR TEMPORARY IMMIGRATION

Investor retirement category

Qualifying retirees may live in Australia for a period of four years. The requirements for the visa are:

  • Be at least 55 years of age.
  • Have no dependants other than a spouse or de facto partner.
  • Meet the health and character requirements.
  • Be sponsored by a State/Territory Government Agency.

Have minimum assets legally owned and acquired by you and your spouse (if applicable) which you are able to transfer to Australia, of:

  • A$500,000 if you have indicated to your chosen State/Territory Agency that it is your intention to live in a regional/low growth area of Australia; or
  • A$750,000 if you have indicated to your chosen State/ Territory Agency that you do not intend to live in a regional/low growth area of Australia.

In addition you must also be in a position to show the following:

  • That you have an annual net income stream (for instance pension) which you and your spouse can access of A$50,000 if it is your intention to live in a regional/low growth area of Australia.
  • That you have an annual net income stream (for instance pension) which you and your spouse have access to of A$65,000 if it is not your intention to live in a regional/low growth area of Australia.

You are required to be in a position to make a Designated Investment* of:

  • A$500,000 in your own or your spouse’s name in the State/Territory from which you have gained sponsorship, if you have advised your sponsoring State/Territory agency that you intend to live in a regional area of Australia; or
  • A$750,000 in your own or your spouse’s name in the State/Territory from which you have gained sponsorship, if you have advised your sponsoring State/

  • Primary issue government securities with a maturity of no less than that tour years from the date of purchase.
  • Limited to investments detailed for the Investor Retirement Visa with interest paid at six monthly intervals.
  • Are non-transferrable and non-redeemable

Territory agency that you intend to live in a non-regional area of Australia.

These assets must have been owned by you for a period of at least two years, unless these are related to pensions or inheritance.

Additionally you must show evidence that you have purchased for yourself, and your spouse, if applicable, a private health insurance package which meets Australian Department of Health and Ageing requirements (DHA) for the full term of your intended stay in Australia.

Retirement visas now include limited work rights which will allow the holder to work for a maximum of 20 hours per week.

The table opposite shows details of those postcodes which are deemed to be regional/low growth areas of Australia.

Emergency category

This allows applicants who have applied for a temporary residency visa, but are awaiting approval on the health and character criteria, the right to travel to Australia if they can demonstrate an urgent need to do so.

Confirmatory category

This approves the stay of people who have entered Australia on an emergency visa once their outstanding health and character checks have been met.

Exchange category

This allows citizens from countries that have reciprocal arrangements to enter Australia.

Foreign government agency category

Employees of foreign governments which have no official status, or those officials who do not have diplomatic or official status, have the right to stay in Australia on the basis of carrying out official business.

Special programme

This allows Churchill Fellows or other approved community based non-commercial programme members the chance to enter Australia to develop international relations.

Visiting academic category

People who have been invited by an Australian research or tertiary institute may travel to Australia to observe and participate (without payment) in projects.

Regional Australia/low population growth metropolitan areas

Postcodes inclusive

New South Wales except Sydney, Newcastle, the Central Coast and Wollongong

2311 to 2312
2328 to 2411
2420 to 2490
2536 to 2551
2575 to 2594
2618 to 2739
2787 to 2898

Queensland except the greater Brisbane area and the Gold Coast

4124 to 4125
4133
4211
4270 to 4272
4275
4280
4285
4287
4307 to 4499
4515
4517 to 4519
4522 to 4899

Victoria except Melbourne metropolitan area

3211 to 3334
3340 to 3424
3430 to 3649
3658 to 3749
3753
3756
3758
3762
3764
3778 to 3781
3783
3797
3799
3810 to 3909
3921 to 3925
3945 to 3974
3979
3981 to 3996

Western Australia except Perth and surrounding areas

6041 to 6044
6083 to 6084
6121 to 6126
6200 to 6799

South Australia

Entire State

Tasmania

Entire State

Northern Territory

Entire Territory

Entertainment category

This grants entry for performers and their supporters who will be involved with the Australian entertainment industry.

Sport category

This allows sportspeople, sporting officials and support staff to engage in competitions and training in Australia.

Media and film category

Professional media and support staff may seek entry under this category.

Public lecturer category

This enables professional lecturers and recognised experts to take up invitations to make public presentations.

Family relationship category

This provides the opportunity of an extended holiday for young people under the age of 18 to stay with relatives or close family friends in Australia.

Domestic worker/diplomatic or consular

This allows entry for domestic workers and official staff in Australia. This application must be supported by the Australian Department of Foreign Affairs and Trade.

Religious worker

This allows religious and evangelical workers to serve the spiritual needs of their faith in Australia.

Supported dependant (of an Australian or New Zealand citizen)

This allows for dependant family members of Australian citizens, permanent residents and eligible New Zealand citizens temporary residence in Australia.

Expatriate category

This gives the right of temporary residence to the dependants of expatriate employees stationed in isolated locations in Papua New Guinea, the South Pacific and southeast Asia.

Diplomatic category

This gives approval for diplomats, consular officials and employees and certain members of specialist United Nations agencies temporary entry into Australia.

SKILLED – INDEPENDENT REGIONAL CATEGORY (TEMPORARY)

The Skilled Independent Regional (SIR) visa has been developed in consultation with the State/Territory governments. The main aim of the SIR visa is to assist in the development of regional Australia through skilled migration. The SIR visa allows an initial stay of three years, during which time the SIR visa holder must live in this area for at least two years and work in their chosen area of regional Australia or a low growth metropolitan area for at least 12 months.

At the date of writing these areas are as shown in the table on page 35.

Once you have lived in regional Australia or a low growth metropolitan area for at least two years and are able to show evidence that you have been employed for a minimum of 12 months, you are eligible to apply for permanent residence through a range of existing categories of regional visa. These include the Regional Sponsored Migration Scheme (RSMS), State/Territory Nominated Independent (STNI) or the Sponsored Business Owner category. (Details can be found in Chapters 7 and 8.)

You are able to apply for an SIR visa in the following circumstances:

  • You are outside Australia and meet the basic requirements (see below).
  • You are outside Australia and have already lodged a General Skilled Migration application which has been pooled, and, you meet the SIR passmark of 110.
  • You are already in Australia on an eligible student visa, and, you meet the basic requirements (see below).

Basic requirements

To be eligible to apply for an SIR visa you must meet the following criteria:

  • Satisfy basic requirements.
  • Be under 45 years of age at the time of application.
  • Have an occupation that is listed on the skilled occupations list. Please refer to the Glossary, where a detailed version of this document is listed.
  • Have obtained a successful outcome of your skills assessment from the relevant assessing authority in Australia. (Information can be found in Chapter 4.)
  • Have at least between 12 and 24 months’ recent work experience depending on your occupation.
  • Have secured sponsorship from a relevant State/Territory Authority.

Sponsorship

All applicants are required to hold sponsorship from an appropriate authority of a State/Territory government. The relevant State/Territory will advise DIMA of the approved sponsorship when it is given, alternatively the applicant can forward the authorised Form 1224 with the application form 47SK.

Each State/Territory government has their own sponsorship guidelines in line with their own particular employment and economic needs. Information pertaining to employment, housing, schools and other services in the regions in which you are interested can be found at www.immi.gov.au/migrationl/skilled/sir.htm.

SIR applicants must be aware that sponsorship by a State/Territory government does not mean:

  • Your SIR visa will be automatically granted. Applicants will be assessed against the legal requirement in place and only if all criteria are met will a visa be granted.
  • Employment will be arranged by the relevant State/Territory government which sponsors you. Individuals should make every effort to contact potential employers and arrange interviews in their chosen location.
  • You will be granted permanent residency at the expiry of your visa. To apply for permanent residency you must have abided by all conditions of your SIR visa and lodge an application under one of the following categories:
  • Regional Sponsored Migration Scheme (RSMS)
  • State/Territory Nominated Independent (STNI)
  • Sponsored Business Owner category.

Details of theses categories can be found in Chapters 7 and 8.

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