Types of Australian Visas

Frequently asked questions

• I want to sponsor my partner, what are the basic things to consider?

  Many Australians find overseas partners who they wish to spend the rest of their life with, and there is a pathway to obtain a permanent visa based on a genuine relationship with an Australian citizen, Australian Permanent Resident or Eligible NZ citizen.

  Most partner visas can be lodged in or out of Australia, except for Prospective Partner visas, which must be lodged when the overseas partner is offshore. To lodge any partner visa, the applicants must show that their relationship is genuine and mutually exclusive.

  This visa can be based on marriage, a de-facto relationship of living together for 12 months under the same roof, or de-facto of less than 12 months of living together and registering their relationship with the Registry Office of their State/Territory in Australia. Please note that not all States and Territories have a facility for relationship registration. As an example, WA and NT do not allow for relationship registration. In the case of these two states, you and your partner need to either be living together for 12 months under the same roof or get married prior to lodging your partner visa. Please also note that if you are going to lodge on basis of being married, the marriage needs to have taken place prior to lodgement.

  A partner visa is a two-stage application. In the first stage, once positively assessed, a provisional visa is granted. After two years from lodgement of the provisional visa, the provisional visa holder can apply for a permanent visa.

  It is important to check if your overseas partner does not have an 8503 condition (no further stay) on their visa from which they are going to lodge a partner visa, as this condition would prevent them from lodging another visa onshore. A no further stay condition is (8503) is typically, but not always, placed on some visitor visas, especially 600 visas and family-sponsored visitor visas.

• What is an Expression of Interest (EOI)?

  An EOI is not a visa application, it is an application that you would like to be invited to apply for a skilled visa. It’s an online form, with no fee which asks you a series of questions about how you intend to score your points for a subclass 189, 190 or 491 visa application. It is imperative that your points are calculated accurately so that when a visa application is lodged after being granted an invitation, the points in the visa application are the same as the points claimed in the EOI. An EOI does not result in a bridging visa.

• One or both of my parents are in Australia on a visitor visa, are we able to lodge a Parent Visa in Australia?

  To lodge an onshore parent visa, your parents must meet the balance of family test. In addition, at least one of your parents must be old enough to receive the age pension in Australia. They must not have an 8503 (no further stay) condition on their visitor visa, or if they do, they must apply for it to be waived prior to lodging the application.

• I want to apply for permanent residence based on Employer Nominated Sponsorship –what are the overall pathways?

  There are two application pathways for this category.

  Pathway One – Temporary Residence Transition:

  Once 457 visa holders have been employed for two years with the same employer or an associated entity of that employer, provided their 457 visas was lodged prior to 18^th April 2017, they can apply for an Employer Nominated Sponsorship, 186 visa before reaching 50 years old.

  Alternatively, 482 visa holders can apply for an Employer Nominated Sponsorship Visa, 186, provided their occupation is on the Medium and Long-term Strategic List (MLTSSL), and have been sponsored by the same employer, or an associated entity of that employer, for three years. The application has to be lodged prior to turning 45 years old.

  
  Pathway Two – Direct Entry:

  The occupation that the business will nominate you has to be on the Medium and Long-term Strategic List (MLTSSL) list of occupations. The 186-visa applicant must complete a Skills Assessment from the assessing authority of that occupation and demonstrate that you have had a minimum of three years’ experience post qualification in that occupation. Applicants need to be under 45 years old at the time of application.

• Resident Return Visa, subclass 155 – what are my options?

  You are required to apply for an RRV (Resident Return visa) if your Permanent Residence visa is about to expire and you intend to depart and return to Australia or you are offshore and wish to renew your permanent residence visa.

  If you’ve been living in Australia for at least two years (this can be accumulative) in the last five years prior to lodging your Resident Return Visa (RRV), you will be granted a new five-year block of time so you can continue living in Australia with your Permanent Residence visa.

  If you have been living in Australia for less than two years in the last five years, or living overseas but have visited Australia even for a short period of time, prior to the date of lodging a new RRV application, you may be eligible for a one-year RRV.

  To be eligible for a one-year RRV, you would need to present evidence of your ties to Australia, such as employment, family/personal, investment or business commitments. If you have spent a substantial amount of time offshore in the last 5 years and only on occasion visited Australia, it is also advisable to write a statement explaining your absence from Australia.

  If you live in Australia and your Permanent Residence visa expires, your visa status will automatically carry over – meaning you will continue to have Permanent Residence visa status. If you then wish to travel outside Australia, you will need to apply for an RRV, which will enable you to return to Australia as a continuation on your Permanent Residence Visa, but with a new RRV visa.

  Please contact us and speak to our expert team at AustraliaMigrate to help you with the renewal of your RRV.

• Can I apply for a Bridging visa?

  In limited circumstances, you can apply for a bridging visa if you are in Australia without a valid visa.

  A bridging visa A is granted automatically when an application is made for another visa while the applicant is holding a substantive (that is a proper visa, such as student, visitor, working holiday visa TSS etc).

  A bridging Visa or C is granted if an applicant is in Australia and holds a bridging visa A, or in some cases does not hold any visa, and applies for another visa. It allows them to remain in Australia until a decision is made on their application. The Department will usually place a work restriction on a bridging visa C, but it is possible to apply for work rights to have this overturned to be able to work.

  If you are granted a bridging visa A, and only when it is active and you want to travel outside of Australia while your application is being assessed, then you need to apply for and be granted a Bridging visa B prior to your scheduled travel.

  At all times, you must avoid being in Australia without a valid visa or a Bridging visa. Unlawful stays in Australia usually carry a three-year restriction on any temporary visa that allows re-entry into Australia.

• Where can I see my current visa status?

  As a visa holder, you can use VEVO to check your current visa details and conditions. VEVO stands for Visa Entitlement Verification Online. This is a link on the website of the Department of Home Affairs. You will need to have your passport details with you when you apply for a VEVO check.