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Australian Immigration FAQ - http://ptlabs.com.au/visas/faq.php
Compiled by Peter Chiam, an Australian Registered Migration Agent.
Reproduction without permission of the author is not permitted.
First published: circa 2003. Last updated:
08 February 2010
The answers given here are not to be taken as legal/immigration advice or as substitute for the need to obtain legal/immigration advice under any circumstance.
Million-dollar Questions.
Forms.
Questions on DIAC Application Forms.
English Language Requirements.
Skills Assessment: General.
Skills Assessment: ACS.
Points Test and the Basic Requirements.
Visa Labels.
Resident Return Visas.
Medicals, Newborn Babies and Character Checks.
Visa application processing.
Settling in Australia
Million-dollar Questions.
Unfortunately, this FAQ should really not be your starting point. Amazingly, and surprisingly, you have found your way to this FAQ before you have acquainted yourself with the DIAC (Australian Department of Immigration) website at http://www.immi.gov.au. What is DIAC, please find out by clicking the link just provided.
http://www.immi.gov.au.
Australia enforces a universal visa system. This means that every non-citizen requires a visa to enter and remain Australia, either temporarily or permanently. Almost every non-citizen will need to apply for a visa of some sort before entering Australia. The only notable exceptions are New Zealand citizens (who do not already hold Australian permanent visas or citizenship) who are granted Special Category Visas (SCV) upon arrival. SCVs are temporary visas allowing the holder to stay indefinitely in New Zealand but are not permanent visas.
An agent is very useful if you have the money but not the time, or if you have an unusual case (unclear work experience, criminal record, prior immigration offences, medical problems etc.). If your case is straightforward, it is possible to apply without the aid of an agent, provided you have a firm understanding of what is required. Usually extensive research is necessary before one is able to lodge a visa application, especially if it's a skilled visa application. If you decide to engage a migration agent, ensure he/she is a registered migration agent by checking his/her credentials at http://www.themara.com.au/Online/ARSearch.asp?DeptID=140. Agents' fees are not regulated, so feel free to get a few quotes before engaging a registered agent.
Forms.
Form 80 is used by DIAC for character assessments. If you applied for a skilled visa or a spouse visa, you should consider sending in a completed copy of Form 80 to DIAC.
Form 966i.
If your spouse is included in Form 47SK at the time of your application, no. If you got married after you lodged your application, you should send a Form 47A and Form 1022.
Send DIAC a completed Form 1022. If you have recently married and are informing DIAC of the marriage, send a Form 47A as well.
For a skilled visa application, send a completed Form 929 to DIAC.
Yes. Failure to do so may result in your visa being cancelled or your Australian citizenship application denied when you do decide to apply for it. Form 1023 is the form to use.
Form 990i. Be sure to download the latest version, as insufficient payment may cause delays and inconvenience to yourself.
Questions on DIAC Application Forms.
Put "ETA" in the box provided for your visa number. You should ensure that you declare all past and present Australian visas that have been issued to you when asked on any DIAC visa application form.
The Skilled Migration Booklet 6 is also known as Form 1119. It contains directions and guidelines in plain English on how you can apply for a skilled visa and whether you qualify or not. Form 1119 is a must read for an aspiring skilled migrant, whether you choose to avail yourself to the services of a migration agent or otherwise. You may download a softcopy of Form 1119 here: http://www.immi.gov.au/allforms/booklets/books6.htm or purchase the hardcopy from the nearest Australian mission.
A PDF copy of the SOL is here: http://www.immi.gov.au/allforms/pdf/1121i.pdf.
The MODL can be found here http://www.immi.gov.au/skilled/general-skilled-migration/skilled-occupations/occupations-in-demand.htm.
If you are unsure, put "Don't Know". It shouldn't have any negative impact on your application unless you are applying for an STNI nomination but wish to reside in another state/territory.
Yes.
English Language Requirements.
See http://www.ielts.org/
You're advised to read Form 966i carefully.
The General IELTS test will be sufficient (unless the Academic test is required for a skills assessment). If you have taken the Academic test, you may submit those results too, provided they meet the minimum scores required by DIAC.
No.
Skills Assessment: General.
Generally, no. Your skilled visa application must include a valid skills assessment. A valid skills assessment is an assessment that must not have expired at the time your visa application is lodged.
Refer to Form 1121i, which is the Skilled Occupations List (SOL). The SOL has a column for the number of points associated with each occupation, and another column for the skills assessing authority that is responsible for that occupation. At the end of the leaflet, a list of addresses, phone numbers and website addresses for each skills assessing authority is given. Finally, short descriptions of the requirements in general for each occupation are also provided in the SOL leaflet.
DIAC's latest advice is for applicants to only submit certified photocopies of documents.
A person may sometimes have qualification and/or experience that allows him to nominate more than one skilled occupation. For such cases, there is nothing stopping that person from applying to more than one skills assessing authority. If successful, the person may choose the positive assessment that suits him/her best. Note that having two positive skills assessments will not give you double skills points!
Skills Assessment: ACS.
For recent graduates applying under Group C: 2 years from date of issuance. For others: 1 year from date of issuance. Note that other types of skills assessments from other assessing bodies may be valid for longer periods or even indefinitely.
Very. You should refer to the ACS guidelines for more details on how to prepare letters of reference for your ACS skills assessment. There have been many instances where insufficient employment references have led to delays and even failure of a skills assessment application.
Yes. Documents should be certified by a person before whom a Statutory Declaration may be made. You are not encouraged to supply original documents to the ACS.
RPL stands for Recognition of Prior Learning. RPL is a pathway for computing professionals who have limited or no computing qualifications but have extensive and varied IT experience. More details are available in the ACS guidelines and RPL information pack available off the ACS website www.acs.org.au.
No. The invitation to join the ACS that comes with your positive skills assessment result is entirely separate from your DIAC application.
No.
Points Test and the Basic Requirements.
Your age points are calculated based on your age at the time your application is received by DIAC. For example, if your birthday is 1 May 1973 and your application is received by DIAC on 1 Jan 2003, your age at the time of application was 29 years old. This means you get the points associated with the 18-29 bracket.
No. This also means that any changes to your employment situation after your visa application has been lodged with DIAC is not something DIAC is interested in.
No.
Scoring well above the passmark, in itself, will not shorten your application processing time.
To claim 25 points, all applicants must sit for the IELTS test and obtain scores of 7+7+7+7 or better. Specified passport holders (UK, USA, NZ, Canada, Ireland) by default are awarded 15 points if no IELTS score is submitted. All other nationalities must provide a suitable IELTS score at the time of application.
By producing evidence that your equivalent Australian bachelor's degree (or higher) was taught in the Australian community language where the university's main language was in that community language, or by sitting for and passing a NAATI level 3 exam. Note that just being a member of an ethnic community does not automatically allow you to claim these points.
If your occupation/specialisation is on the MODL at the time your application is received by ASPC, then yes. However, in general, any applicant who has not lodged a valid skilled visa application before 8 Feb 2010 will no longer be able to access bonus points as the MODL has been revoked from this date.
Yes. All skilled visa applicants must meet their subclasses' basic requirements. The basic requirements exist separately from the points test. Failure to meet the basic requirements for the visa subclass that you applied for will mean instant rejection.
Unfortunately, no. Depending on your personal circumstances, you may or may not need the points for specific work experience.
Visa Labels.
A good guide is at http://www.facsia.gov.au/guides_acts/ssg/ssguide-9/ssguide-9.1/ssguide-9.1.1.html.
You may continue to use that visa (provided it is not cut, damaged, cancelled or expired) by carrying that old passport with your new one.
A visa number will always be a 10 digit number followed by an alphabetical character.
Resident Return Visas.
RRV stands for Resident Return Visa. See http://www.immi.gov.au/media/fact-sheets/95documents.htm#b for a good explanation on what an RRV is and who needs one.
A person who is outside of Australia and is not a citizen of Australia will require a visa in order to enter Australia from abroad. If you hold/held a permanent visa for Australia, and are presently outside of Australia, and if your visa is due to expire before your planned/scheduled return to Australia, or if your visa has already expired, you will lose your Australian permanent resident status when you return to Australia unless you hold a valid visa that allows you to return to Australia for permanent residence.
An RRV is one such visa that allows a you to re-enter Australia for permanent residence after your initial migrant visa's re-entry facility has expired.
In order to qualify for an RRV, you will need to meet certain requirements.
If you entered Australia on a valid permanent visa, you have the right to remain in Australia indefinitely. This right does not lapse when your visa expires while you are in Australia. In fact, your permanent visa will never expire (or lapse) while you are in Australia.
To explain this better, it is necessary to separate your permanent visa into two portions:
This assumes you remain a non-citizen even after you qualify for Australian citizenship.
Under Australian law, there's nothing illegal about holding permanent visas for more than 1 country. How you plan to maintain the validity of multiple permanent visas is another matter.
From Australian law's perspective, yes, it's legal.
Medicals, Newborn Babies and Character Checks.
You should be aware that it may not be advisable for a pregnant woman to undergo an x-ray test. If and when your request for medicals are received, you should consult a medical practitioner for more information. You should also let your case officer know if you do or do not want to proceed with the medical exam, and your case officer may decide to put your application in suspension until after your pregnancy.
If your medicals have already been sent to DIAC, there's nothing much that you need to do. Bear in mind if your child is born before the grant of visa, you will need to notify DIAC about the new addition to your family. Also, bear in mind that you will be given a period of time before you must enter Australia after being granted your visa, even if it's for a short trip. If you are into your advanced stage of pregnancy, some airline carriers will not permit you to board. It's been said that pregnancy and immigration do not mix well.
If your visa has already been granted, your newborn child will not get a visa granted on your already successful application. You have an obligation to inform DIAC about the new addition to your family, as a change of circumstances before initial validation needs to be reported to DIAC. Your baby will have to be sponsored on a child visa later on.
On the assumption that you applied for your PR visa before your baby was born, it depends on your circumstances, but generally:
Usually, your medical and police checks are valid for one year from the date they are issued (not the date you submit them to DIAC).
Visa application processing.
Times vary depending on the visa subclass you chose, the workload of the processing centres and other factors. See: http://www.immi.gov.au/about/charters/client-services-charter/standards/2.1.htm for general service standards published by DIAC.
Unfortunately, no. A 136 visa is a visa that cannot be granted in Australia. As such, it is often called an "offshore" visa, meaning the applicant must be outside Australia before the visa can be granted, if all other requirements are met for the grant of that visa.
If you applied for an migrant visa (i.e. offshore visa), your visa will have a "first-entry" condition. This means that you must enter Australia by this date, otherwise, your visa will become invalid. This date is generally the first-year anniversary of your police check or medical test, whichever is earlier. This first-entry date is generally non-negotiable and must be observed if you value your permanent visa. Note that you need not migrate to Australia during this first trip. A holiday or tour would suffice. Once you have entered Australia and satisfied this first-entry condition, you should work towards satisfying the criteria for an RRV or citizenship.
Settling in Australia
See http://www.immi.gov.au/living-in-australia/settle-in-australia/to-do-first/.
See http://www.immi.gov.au/living-in-australia/settle-in-australia/to-do-first/apply-drivers.htm.
Australian citizens and Australian permanent residents presently may live, study and work freely in New Zealand.
However:
For more information, see http://www.immigration.govt.nz/nzis/operations_manual/605.htm.
New Zealand citizens travelling on their New Zealand passports without health or character issues are usually granted SCVs on arrival in Australia. An SCV is not a permanent visa, although it allows New Zealand citizens the right to indefinite temporary residence in Australia. New Zealand permanent residents (who are not also Australian citizens or permanent residents) do not have special access to Australia, and the normal visa rules apply depending on their nationality.
See http://www.ato.gov.au/.
Inside Australia, there is a list of persons who are able to certify photocopies as true copies. The most common method is to look for a Justice of the Peace in your state or territory.
For ACT residents, see www.jcs.act.gov.au
For NSW residents, see www.lawlink.nsw.gov.au
For NT residents, see www.nt.gov.au
For QLD residents, see www.justice.qld.gov.au
For VIC residents, see www.justice.vic.gov.au
For WA residents, see www.justice.wa.gov.au