With several different types of Australian visas in existence, each with their own criteria, it is not surprising that obtaining a visa can take a lot of time and can be very confusing. Australia's immigration system is complex and subject to constant changes, sometimes with little or no warning. Global and local events can lead to the government reviewing and adjusting Australia's visa system.
The type of visa being applied for is based on how long the person wants to stay and for what purpose. Furthermore, different criteria will apply depending on whether the applicant is in or outside Australia at the time of the visa application.
To start the process from a firm foundation, a guide to the more common terms to help you to understand the visa process is called for:
- Aged parent: means a parent who is old enough to be granted an old-age pension under the Social Security Act 1991, which is 65 years of age for men and currently 62 years for women.
- Applicant: the person who applies for a visa, sometimes referred to as the main applicant or principal applicant, must meet the requirements for the visa sought. Other people included in the application are referred to as secondary applicants or members of the family unit.
- Bridging visa: a type of visa only granted in Australia that keeps a person lawfully in the country whilst they await a decision on a visa application.
- Certified copy: a copy of a document that is signed, authorised or stamped as being a true copy of the original by an approved person or agency. How this is done varies around the world. In Australia the person citing the document should also sign their full name and date their signature, initialling subsequent pages of a document if applicable.
- Change of status: where a visa holder already in Australia applies for a different visa.
- DIAC: Department of Immigration and Citizenship (now Department of Immigration and Border Protection)
- DIMIA: Department of Immigration and Multicultural and Indigenous Affairs – predecessor to DIAC.
- Grant: The bestowing or approval of a visa to an applicant
- Immigration: includes temporary and permanent entry to Australia.
- Marital relationship: includes a de facto spousal relationship.
- Non-citizen: anyone who is not a citizen of Australia.
- Offshore: outside of Australia.
- Onshore: to be in Australia.
- Overseas post: an overseas office in another country of the DIBP usually located within an Australian Embassy, High Commission or Consulate.
- Parent: includes an adoptive parent or a step-parent. Biological and (formal) adoptive relationships are mutually exclusive. A person cannot claim both biological and adoptive parents for migration purposes. The intention with this stipulation is that a person has only one set of parents.
- Permanent visa: a visa that entitles the holder to stay in Australia indefinitely.
- Public interest criteria: the character and health requirements a non-citizen must satisfy for a visa approval. Each visa subclass states the applicable criteria that must be met.
- Settled: means lawfully resident in Australia for a reasonable period in relation to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. Normally two years is considered to be the "reasonable period" but exceptions can apply and the facts of each case will be considered where necessary.
- Skilled occupation: includes the occupations that are considered to be professional, associate professional, tradespersons and managers as defined by the Australian Standard Classification of Occupations (ASCO). This is a dictionary of occupations produced by the Australian Bureau of Statistics in Canberra.
- Skills assessment: the process of ensuring that an applicant has the required skills, equivalent to the recognised Australian standard, to work in an occupation or industry in Australia.
- Spouse: means husband, wife or de facto partner. Same sex relationships do not meet the definition of spouse relationship.
- Substantive visa: any visa excluding: a bridging visa, a criminal justice visa or an enforcement visa.
- Temporary visa: a visa that entitles the holder to stay in Australia only for a limited period of time.
- Threshold criteria: visa specific application requirements that must usually be provided at the time of lodging a visa application.
- Tourism: means undertaking activities of a recreational nature such as: holidays, visiting relatives or friends, amateur sporting activities, informal courses, relaxation, sightseeing and travel.
- Unlawful non-citizen: A non-citizen who does not hold a valid visa for entry to Australia.
- Visa: documented authority that entitles a person to travel to, enter and remain in Australia.
- Visa class: all visas are part of a class containing one or more visa subclasses. The class involved determines the visa application fee to be paid, where the visa application must be made from and the forms that must be completed and submitted with the application. All the criteria for a specific visa are stated in the visa subclass.
- Visa conditions: restrictions placed on a visa at the time of granting and will also depend on the type of visa being sought and whether or not the visa holder is the primary or secondary applicant. Conditions are usually printed to the right of the visa holder's name on the visa label inserted in the passport, usually commencing 8xxx and followed by a brief description.
- Work: the definition of work for immigration purposes covers a wide range of activities but generally includes any such activity performed in Australia for which a person would be rewarded or paid. The source of the reward or funds is not important. It does not matter if the person in question is being paid by an Australian entity or via an overseas company.
The bottom line is that Australian citizens (passport holders) have the right to travel to and from Australia without restriction. Everyone else must obtain a visa, regardless of the length or purpose of their stay.
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