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Australian Immigration
- overview
Australian immigration rules are constantly changing to meet the
needs of that country's immigration requirements, so the following
information should be regarded as a guide only to Australian immigration
law. In all cases you should seek information directly from the
Australian immigration service, or use the services of a professional
immigration agency to ensure you have the latest up-to-date information
available.
The legal right to be in Australia can be summed up, loosely,
in five categories –
Australian citizen
Permanent resident
Temporary resident
Overseas student
Visitor
There are, of course, many variations of the above categories
but in essence you should fall under one of those main immigration
areas to enter Australia.
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An Australian citizen has the right to live and
work in Australia and to leave the country and re-enter the country
as often, and for as long as, they wish. They are also entitled
to an Australian passport.
A
permanent resident is entitled to live and work
in Australia for as long as they wish. They have legal access
to social welfare and to the health system, and have basically
the same rights as a citizen. If a permanent resident chooses
to leave Australia there are certain guidelines as to the length
of time they can stay outside of Australia and still maintain
the right to re-enter the country. Permanent residents are issued
with stamps in their passports declaring their status as a resident,
but these need to be renewed after set periods of time. If you
are outside of the country when your permanent residency expires,
you will come under certain rules and regulations as to whether
your residency will be revoked or re-issued.
A Temporary Resident is allowed to enter Australia
to live and work for a specified period of time, and normally
for a limited range of allowable activities. A temporary resident
has limited rights to welfare and health assistance if required,
and is expected to leave Australia (or re-apply for an extension
to their permit) when their permit expires.
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An
Overseas Student is allowed into Australia to
study for a particular educational course and for a set period
of time. A student may undertake employment (if it is allowed
in the terms of their permit), but only as a supplement to their
studying. Employment may be limited to no more than 20 hours per
week. Evidence of the course the student wishes to study must
be provided and all course fees must be paid in full. An Overseas
Student, like the Temporary Resident, has limited rights to medical
and welfare assistance if the need arises.Visitors
to Australia are allowed to enter the country and spend a specific
period of time in Australia. Visitors are generally not permitted
to work or study under this visa, and are expected to leave Australia
before their Visitor’s Visa expires.
These are the main categories of status that allow you to be in
Australia legally. As for the actual permits and visas that you
can apply for, for the purpose of this guide we are going to concentrate
on those visas and permits that allow foreigners into Australia
to live, work, study or just visit. Issues of citizenship, dual
nationality etc., are beyond the scope of this guide. It can’t
be stressed enough however that you should seek professional advice
from the Australian Immigration Service, your local embassy, or
through third-party agencies on any immigration issue before departing
for Australia.
Migration
to Australia
If
you are thinking about moving to Australia to live permanently,
there are a number of immigration avenues open for you to explore.
In
most cases you will be subjected to the ‘Points Test’
to determine your suitability to migrate to Australia. The Points
Test is a list of qualities, attributes and experience assessment
criteria where you are awarded points for things such as your
age, your experience, and your English language ability. Candidates
meeting the minimum points total will be considered for Australian
immigration purposes. The pass mark for the points test changes
periodically, so contact your nearest Embassy, or the Australian
Immigration Service, for the latest pass mark. Those applicants
with experience and skills in careers where the Australian government
deems there is a shortage of skilled labour in Australia will
be given priority over other candidates on a similar points score.
A current list of those careers can be found on the Skilled
Occupation List (SOL). In addition to the points test, you
must also meet health and criminal history criteria – that
is to say you must be in good health, and have no previous criminal
history. You will be required to provide documentary evidence
to demonstrate good health and character.
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