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Australia: Permits & Visas

Overview

Before making any plans to buy a home in Australia or New Zealand, you must ensure that you have a valid passport and the appropriate visa which will allow you to use the home as you wish. Nationals of Australia and New Zealand can live and work in either country with no more official documentation than their passport. All other nationalities (with some exceptions) must apply for permission to stay in Australia or New Zealand, either temporarily or permanently, before their arrival.
The information in this chapter is intended as a guide only and the rules and regulations concerning permits and visas change frequently, as well as sometimes being ambiguous, confusing and vague. It’s important to check the latest regulations with an Australian or New Zealand mission or an immigration consultant (such as The Emigration Group – see www.emigration.uk.com) before making a visa application.

For more information about permits and visas, see Living and Working in Australia and Living and Working in New Zealand (Survival Books).

Visas

With the exception of New Zealanders, anyone wishing to enter Australia requires a visa (or a visa waiver), which must be obtained before arrival in the country. New Zealanders receive a special category visa on arrival and nothing is stamped in their passports. There are no formalities and they can live and work in Australia for as long as they wish. If you need a visa and arrive without one, you will be sent back to your home country at your own expense. The type of visa issued depends on the reason for your planned trip to Australia, which may be anything from a few weeks holiday or a short business trip to permanent residence.

There are three main categories of Australian visas: migration, temporary residence and visitors. Multiple-entry visas are issued to those who need to visit Australia frequently over a long period, such as businessmen, entertainers, the parents of children living there and sportsmen. There are fees for almost all visas. The processing of visa applications in some categories can take a considerable time in some countries due to the large number of applications to be processed, and approval can take anything from a few weeks to many months.

Information about visas, charges and forms can be obtained from offices of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) in Australia (www.immi.gov.au) and Australian missions overseas. General information about visa applications is contained in making and processing Visa applications (form 1025i). It’s important to obtain and complete the correct form, pay the correct fee and satisfy other requirements such as being inside or outside Australia, as required. You must be careful to indicate the visa class under which you wish to be considered, as your application cannot be considered under any class other than the one noted on your application form. An Application for Migration to Australia form (47) must be completed by all applicants wishing to travel to Australia to live permanently and applications must be sent or delivered to a DIMIA office or an Australian diplomatic mission overseas with all relevant documentation and the fee.

Family members who apply at the same time can usually apply on the same form and pay just one fee (a child born after an application is made, but before it has been decided, is included in the parents’ application). In certain circumstances, a spouse or dependent child can be added to an application. Applications for some visas, such as visitors’ visas, may be decided while you wait. In this case, if you’re granted a visa you’re usually given a visa label in your passport. If your application for a visitors’ visa is refused, you’re given a notice of refusal. For all other visas, you’re notified of the decision by letter. If you’re refused a visa, you’re notified why and, if applicable, where you can apply for a review of the decision and the time limit for doing so.

If you plan to travel to or from Australia while your visa application is being considered (assuming this is possible), you should inform the DIMIA, as a visa will be refused if you’re in the ‘wrong place’ when a decision is made. For most visas where an application is made overseas, you must be outside Australia when a decision is made and for visa applications in Australia, you must be in Australia when the decision is made. If you make a visa application in Australia, you must ensure that you have a visa to return before leaving the country, otherwise if your application is refused you may have no right of review. If you apply for a visa in Australia, you’re usually granted a bridging visa to remain within the law if your current visa expires while a decision is being made regarding your application.

Work Visas & Permits

To be eligible to work in Australia you must meet the personal and occupational requirements of the category for which you’re applying, and be of good health and character. Qualification is based on a points system. The Australian migration programme (often spelled program) is divided into two main categories: migration and humanitarian (see Living and Working in Australia by Survival Books for details). Migration is divided into the following main categories:

• A family migration stream, where people can be sponsored by a relative who’s an Australian citizen or a permanent resident.

• A skill migration stream, which includes those with particular business or work skills or ‘outstanding talents’.

• Special eligibility migrants, who are former citizens or residents wanting to return to Australia, and also certain New Zealanders.

The form Migrating to Australia – Who can migrate? (957i) contains general information about migration and the various categories. An Application for Migration to Australia form (47) must be completed by all applicants wishing to travel to Australia to live permanently. There’s a fee (e.g. around £5 in the UK) for this form and the information package. The Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) has an enquiry telephone service in Australia (local call rate 13-1881 or www.immi.gov.au). The Emigration Group (see www.emigration.uk.com) can also advise you and help you make an application.

Don’t make any firm plans (such as travel arrangements, selling your home or resigning your employment) in the expectation that a visa application will be granted. Even when an application appears to be going smoothly it can still be delayed or even rejected at the last minute, e.g. on health grounds.

Retirement

An Investor Retirement visa (which is a temporary visa) was introduced in July 2005 and is designed to allow retired business people with significant assets (at least $500,000 or $750,000, depending on the region where they settle) to come to live in Australia and invest their money there. The visa requires sponsorship from the Australian state or territory government where you plan to live. The primary applicant must be at least 55 and there must be no dependants except a spouse. You must have sufficient assets to support yourself in Australia (a net annual income of between $50,000 and $65,000, depending on the region where you settle) and must maintain private health insurance for the duration of your stay. The visa holder can work for up to 20 hours per week.

The visa is initially valid for four years, with a further period of the same duration allowed. The investor retirement visa is only temporary and doesn’t lead to permanent residence or citizenship, and confers no right to Medicare or social security benefits. The Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) website (www.immi.gov.au) has a list of the areas of Australia currently deemed to be regional/low population growth areas, which attract lower income requirements for this visa.

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