The residence requirements in applying for Australian Citizenship
Work Visa Lawyers has advised many people who cannot meet the residence requirements, due to having gone overseas for an extended period, to look after a sick and often terminally ill parents.
If someone spends more than one year outside of Australia in the last four, then they will not meet the residence requirements to be able to apply for Australian Citizenship.
There are a number of exemptions and discretions in relation to the residence requirement including where:
• Administrative error led to you becoming unlawful or not becoming a permanent resident.
• You would suffer significant hardship if a period of temporary residence is not counted as a period of permanent residence.
• You are a spouse, widow or widower of an Australian citizen, were a permanent resident, and maintained a close and continuing association with Australia during the relevant period.
• You have been engaged in activities of special benefit to Australia or work that required regular travel.
• You have completed the required amount of Defence services.
There is currently no discretion or exemption to allow persons to go overseas to care for sick parents, and still be able to apply for Australian Citizenship.
1. How to become an Australian Citizenship? What are the criteria for applying for Citizenship by conferral?
The relevant legislation is provided in the Australian Citizenship Act.
Birth -The most common way to become an Australian Citizenship, it to be born in Australia to one or more Australian parents.
Conferral - Outside of birth, another common way is to apply to become an Australian Citizen by conferral. This is when a person is an Australian permanent resident and applies to become a Citizen.
The basic requirements for Citizenship by conferral include:
The residence requirements
Have been an Australian resident for at least 4 years (Absences of 12 months or less are permissible in this period)
Have been a permanent resident for at least one year (Cannot be overseas for more than 90 days in last year prior to the application.)
The applicant must have a genuine intention to live in Australia following becoming an Australian Citizen.
Be of good character.
The character requirements under the Citizenship Act are broader than under the Migration Act. For example, repeated driving offences can lead to a refusal of a Citizenship Application.
It has been reported that four of the Melbourne’s Apex gang members will be deported after Australian authorities cancelled their visas. Victorian Police have been targeting the Apex gang which is a major factor in Victoria’s youth crime, cancelling the visas for the members who are engage in criminal activity.
The Australian Federal Government will no longer be lowering the cost of applying for a working holiday visa. This means that backpackers will still have to pay a $440 application fee, instead of the promised reduced fee of $390. Farm and tourism operators are very disappointed, saying that this will result in lower numbers of backpackers visiting and working in Australia.The Australian Government is hoping that the higher fee will lead to more unemployed young Australians gaining employment in the fruit picking industry.
Many overseas students who aim to pursue their dream to come to Australia for further studies have lost the money they provided to Tu Futuro. They were shocked to realise that recently Brisbane based Education Agency – Tu Futuro have disappeared with the money that the students have paid for their tuition and accommodation.
The fraud has been reported to involve approximately 100 young foreigners who have allegedly lost up to $1 million. The students, who were from developing countries, mainly Brazil, were disappointed when they are were able to get in touch with the agency after realising that not all of the providers had been paid by the agency. For many of these students, this education fund represented their life savings or that of their parents.
The Overseas Students Ombudsman had received more than 40 complaints and is currently working with the Government agencies to ensure affected students were assisted in every possible manner. Brazil’s honorary consul in Brisbane has called for an investigation and compensation for the victims. Queensland Police is currently assessing the matter with the other government agencies.
So I was cleaning up after eating my tea and listening to the radio. Thankfully ABC News Radio played Meryl Streep’s full Golden Globe acceptance speech for the Cecil B DeMille lifetime achievement awarddelivered on the 8 January 2017.
A great speech about what an inclusive and collaborative multi-cultural community can achieve.
A warning against fear and intolerance and the harm it can cause.
Working as an Immigration Lawyer in Australia, the speech certainly struck a cord with me.
I work with people form all over the world and I believe they make a rich contribution to Australian society.
If you are completing your tertiary studies in December, your student visa is likely to be expiring in mid-March, just 3 more months down the road! If you have not sorted out your visa options for further stay in Australia you need to get started immediately. Read on to discover the options you have for extending your stay in Australia post-studies.
Apply for a 485 Temporary Graduate Visa if you are eligible
There are two streams to the 485 visa which are:
1. Graduate Work Stream
2. Post-Study Work Stream
Graduate Work Stream
For international students who graduated with a qualification related to an occupation on the Skilled Occupation List (SOL)
Requires a positive skills assessment
Valid for 18 months from the date of grant
Post-Study Work Stream
For International students who graduate with a higher education degree from an Australian education provider, regardless of their field of study.
This stream is only available to students who applied for, and were granted their first student visa to Australia on or after 5 November 2011.
This visa can be granted up to 4 years from the date the visa is granted, depending on the visa applicant's qualification.
Other criteria require for both streams include:
meet English language requirements. You have achieved an overall score of at least 6 with a minimum a score of 5 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test that has been undertaken in the three years immediately prior to lodging the visa application.
meet the 2 years full time Australian study requirement
Many graduates choose to apply for the 485 visa to give them more time to achieve the requirements for General Skilled Migration (GSM) or Employer Sponsored visas. While holding the 485 visa, you could:
obtain a positive skills assessment
improve English test scores
find an employer to sponsor you
gain more work experience (an application for a Temporary Skills Shortage subclass 482 visa requires 2 years of relevant work experience)
The subclass 485 Temporary Graduate Visa is a good option, but it is not available to all students. Many vocational course graduates miss out and may need to consider other options.
If you cannot apply for one of the two Graduate visas, then you mayneed to consider your other options below. If GSM and Employer sponsorship are not suitable, then you may have to apply for further studies visa.
Apply for a Skilled Visa – Subclass 189, 190 or 491
It is possible that graduates can immediately qualify for a General Skilled Migration (GSM) visa. There are a range of factors such as having a positive skills assessment, good English skills and state sponsorship for recent graduates. Registered Nurse, Engineer and Accountant are popular occupations for a GSM application as they do not require 1 year of work experience.
The 491 visa allows skilled applicants to live and work in regional Australia for up to 5 years. Applicants need to be nominated by an Australian State or Territory or by an eligible family member living in regional Australia. Upon visa grant, 491 visa holders must live and work in a designated regional area of Australia, which includes most of Australia except for Sydney, Melbourne and Brisbane. There is a pathway to permanent residency through the subclass 191 visa. The 491 has become a popular option as the Department of Home Affairs only require applicants to have 65 points. State sponsorship point requirements may be higher depending on the nominating state or territory. If you have a question about the 491 visa, visit our 491 FAQ page: https://www.workvisalawyers.com.au/news/all/australian-skilled-visa-491-your-questions-answered.html
There are various factors to be considered for the GSM pathway as each state and territory have their own sponsorship requirements and benefits (such as Chain Migrationfor South Australia); and nominated occupations must be on the skilled occupation list. For most occupations, a positive skills assessment must also be achieved prior to application. South Australia is one of the states which strongly supports its own graduates in obtaining state sponsorship for further visa applications. Immigration SA is making it easier for talented International graduates of South Australian public universities (in the last two years) to qualify for state nomination through the "High performing Graduate" category. Check with Work Visa Lawyers about the various state sponsorship requirements and their implications for your visa application.
Apply for a 482 Temporary Skills Shortage Visa
You may be eligible to apply for a 482 visa if you have worked the permitted 20 hours per week for 2 years while holding your student visa. You will also need an employer who is willing to sponsor you for a work visa. This pathway requires a few stages of work as the employer needs to be an approved sponsor first before sponsoring you. Work Visa Lawyers assists in checking the eligibility of the employer to be a sponsor and the sponsorship application process. If you have an employer willing to sponsor you, do contact us immediately as the preparation involved before your visa application can take some time. It is noteworthy that some employers may sponsor you for a permanent visa immediately.
Apply for a Partner Visa
During your studies you may have met someone who is an Australian citizen or an Australian Permanent Resident. If the relationship is genuine and ongoing, you can consider applying for a Partner Visa. The timing of your application and having strong supporting evidence is important. It is advisable that you check with Work Visa Lawyers on your situation before lodging an application for a partner visa. Read our articles to understand more about Partner Visasand the visa processing times.
Apply for a Further Studies Visa
You can choose to enrol in a new course for further studies to increase your skills. This option can be considered if you encounter the following scenarios:
The course you recently completed does not meet the 2-year study requirement, or
The course you completed has no suitable occupation to be nominated for a visa application
While this option is costly and you will not be applying for a permanent visa until you complete the new course, it allows you to stay on in Australia to evaluate your options later, as well as obtain another quality Australian qualification. Do note that there are no guarantees that the new course you enrol in will lead to a permanent residence visa. To be granted another student visa, you will need to meet the genuine temporary entrant requirement. This requires that you study a course with the intention to return to your home country with the newly acquired skills.
Pathways Taken By Other Graduates
Rosa
With Work Visa Lawyer's assistance, Rosa applied for a subclass 187 RSMS visa after graduating and she is now a proud Australian permanent resident!
Bruno
We helped Bruno with his Skilled Regional (Provisional) 489 visa. He now runs a successful barber shop in Glenelg, South Australia.
This information is accurate on 28 February 2020. Department of Home Affairs will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.
Do You Need Help?
At Work Visa Lawyers we are experienced in assisting applicants with skilled visa applications such as subclass 189, 190, 489, 485, 457 visas as well as the Regional Sponsored Migration Scheme (RSMS). We also handle family visa applications including Partner, Parent and Child visas.
If you require further information regarding your current visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956
or This email address is being protected from spambots. You need JavaScript enabled to view it.
Immigration SA has announced that there will be changes for its State Nominated Occupation List (SNOL) effective from 4 July 2016. As part of the changes the online application system will be closed and unavailable during the following times:
30 June 2016 – 9 a.m. onwards until 4 July 2016 after 12 p.m.
All online applications that are saved but not submitted with payment will be deleted after 9 a.m. on 30 June 2016. You will need to prepare a new application thereafter.
From 4 July 2016 onwards the new SNOL may indicate some occupations to be suitable only for a subclass 489 nomination. Some occupations may also have new requirements in relation to English and work experience.
Increase in requirements for offshore ICT visa applicants seeking SA state nomination
Starting from 4 July 2016 all offshore applicants with an ICT occupation will be required to meet 70 points under the Skill Select points test (including State Nomination points – 5 points for subclass 190; 10 points for subclass 489). You will be required to meet all other state nomination criteria as well. Immigration SA may adjust this requirement according to the number of applications received after the change is implemented.
The higher points requirement will not apply if you are:
applying as an international graduate of South Australia
currently working in South Australia in a skilled occupation
There are more requirements in relation to applications with an ICT occupation here. Please ensure you meet all requirements before submitting an application.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
It is helpful that Immigration SA has announced the incoming changes early. Applicants should take note that while the online system will be closed on 30 June 2016, the system may experience a heavy load of users from now until then. This may cause the online system to be slow or prone to loading errors. You are advised to complete the online applications and make payment as early as possible to avoid any potential interruptions and delays.
It may also be worth considering that changes by one Australian state or territory are often followed by others. As such ICT professionals may now find state/territory sponsorship opportunities limited. Please seek advice and plan ahead for your visa applications as we near the end of the financial year for 2015-16.
This information is accurate on 10 June 2016
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956
or This email address is being protected from spambots. You need JavaScript enabled to view it.
The name for Australia’s immigration department changes every few years and the most recent change was from the “Department of Immigration and Citizenship” (DIAC) to the current “Department of Immigration and Border Protection” (DIBP).
The inclusion of “Border Protection” in the current name gives an impression of “control” and “erecting barriers to entry” to “protect Australian borders”. The impression was also felt by employees at DIBP as a recent internal survey indicated the following:
there is a "command and control" culture in the Department
the Department has a "military-style regime"
there is a “preoccupation with secrecy” and a lack of transparency from the top management
“a shift to enforcement and a move away from a people and humanitarian focus”
While there were some positives raised in the survey as well with reference to the professionalism, dedication and commitment among staff, the Department is now being perceived as a tough enforcement agency both internally and externally.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
How does this affect ongoing visa applications?
It has been observed that in the pool of applications recently submitted to the Department, the assessing case officer has been diligently combing through the documents submitted. Any lack of information or clarity results in a request from the case officer to provide further evidence to support the claims made in the application.
High risk applications could include the following:
Employer sponsored visa applications where the applicant does not have the qualifications required and is solely relying on references
Partner visas where there is insufficient evidence to show a genuine relationship. Just submitting a marriage certificate and some supporting statements are insufficient to meet the Genuine Relationship requirements
While this is excellent in capturing and refusing fraudulent visa applications, there are a few issues that arise from this tough stance:
overall visa processing times will become slower as Department assessment officers spend more time checking documents in detail, and more time on a given case if more information is requested
some legitimate applications are being asked to provide more information or disprove certain claims when unnecessary. E.g.: an Italian restaurant was asked to prove that they were not a fast food restaurant, even when a Restaurant License was provided in the application
Echoed by some employees of the Department in the internal survey, it is worth noting that the Department is shifting from a people and humanitarian focus to one of enforcement and control. The old Department tagline, “People Our Business” seems to be no longer the focus of the Department in helping eligible visa applicants obtain Australian visas to visit, live or work in Australia.
If you are submitting a visa application to the Department, you should ensure that you have sufficient evidence to demonstrate your claims in meeting the visa application requirements. You will also need to provide quality scans or certified copies of your documents to the Department, to avoid any potential delays or doubts from the assessment officer. Do not attempt to fabricate documents or provide misleading information as you can be served with a Public Interest Criterion (PIC) 4020 violation which will become a big issue in your future visa applications.
While you might have made a genuine error on your application that does not mean you can avoid having the PIC 4020 violation recorded in your Australian visa/immigration history. As such it is extremely important that you do not provide any conflicting or misleading information in your application.
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956
or This email address is being protected from spambots. You need JavaScript enabled to view it.
On 16th May 2016 the Department of Immigration and Border Protection (DIBP) announced a new Skilled Occupation List (SOL) and Consolidated Skilled Occupation List (CSOL) for the upcoming fiscal year 2016-17. You can recap the changes and our initial thoughts in our earlier article here.
Since the announcement of the new SOL and CSOL, there has been increasing queries from students and professionals asking if their field of study and profession is still “in demand” or suitable for the Australian migration programme.
Popular occupations remain in the consideration for Australian visa applications
Work Visa Lawyers has continued to receive enquiries such as those below:
“I am an Accountant and I am going to apply for skilled migration later this year. Am I still qualified?”
“I will be graduating in July 2016 with a Bachelor’s degree in Marketing. Are my studies still suitable for a visa application after I complete my studies?”
“My restaurant needs to hire and sponsor an overseas restaurant manager/cook. Can I still sponsor them when the new SOL and CSOL are in effect?”
Many will be pleased to know that the majority of the most common occupations for skilled and employer-sponsored visas are still on the SOL and CSOL. The most popular occupations include:
Accountants
Cooks
Café or Restaurant Managers
Marketing Specialists
Sales and Marketing Managers
Software Engineers
ICT Business Analyst
The only occupations that were removed from the SOL and moved to the CSOL are in relation to the mining industry, which includes Mining Engineers, Petroleum Engineers, Occupational Health and Safety Advisors, etc.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
In general there isn’t much of a significant change to the SOL or CSOL. Most visa applications with the most common occupations will still be able to proceed. However it is advised that visa applications should be lodged as early as possible to prevent being affected by new changes announced by the Department of Immigration and Border Protection (DIBP).
You should also remember that the SOL or CSOL is only one of the many requirements of the visa application criteria. You need to make sure you meet all other requirements before submitting your visa application. Seek advice from a Registered Migration Agent if you need more information about your situation.
This information is accurate on 6 June 2016
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956
or This email address is being protected from spambots. You need JavaScript enabled to view it.
The Law Society of South Australia hosted a luncheon on Thursday, 2 June 2016 which celebrated 21 years of sponsorship of the Society by BankSA. The event was attended by Principal of Work Visa Lawyers and Registered Migration Agent, Chris Johnston. The luncheon was also attended by Managing Partners of law firms in SA and Members of the Small Practice Committee. It was a relaxing luncheon for the legal practitioners who were present.
The Chief Executive of BankSA, Nick Reade, provided an insightful presentation, “South Australia open for business: challenges and opportunities” during the luncheon as well. Thanks Nick and BankSA for the continued support for the Law Society of South Australia.
