VI. Frequently Asked Questions (40 FAQs)

General Questions

1. Is Australia immigration difficult?

 

Australia immigration difficulty varies significantly depending on the pathway you choose and your individual circumstances. For skilled professionals with in-demand occupations, strong English skills, and relevant work experience, skilled migration can be relatively straightforward, though competitive. The points-based system is transparent, allowing you to assess your eligibility before applying.

 

Employer sponsored migration can be easier for those with job offers from Australian employers, as it doesn't require high points scores. However, finding an employer willing to sponsor can be challenging. Business and investment migration requires substantial financial resources but offers more flexibility in terms of age and English requirements.

 

The key to successful Australian immigration is choosing the right pathway for your circumstances, preparing thoroughly, and engaging professional assistance to navigate the complex requirements. With proper planning and expert guidance, most eligible applicants can successfully migrate to Australia.

 

2. How long does Australia immigration take?

 

Processing times vary widely by visa type. Skilled migration visas (189/190/491) typically take 6-12 months from application to decision. Employer sponsored permanent visas (186/494) have similar timeframes, while temporary work visas (482) are processed faster at 2-4 months.

 

Business and investment visas (NIV) generally take 12-24 months due to complex business assessment requirements. Partner visas require 18-36 months for the temporary stage, with an additional 18-24 months for permanent residency. Parent visas have the longest wait times, with standard parent visas taking over 30 years, though contributory parent visas are processed within 2-4 years.

 

It's important to note that these are average processing times, and individual cases may be processed faster or slower depending on application completeness, complexity, and current processing priorities.

 

4. What is the best pathway for Australia immigration?

 

The "best" pathway depends entirely on your individual circumstances, qualifications, and goals. For skilled professionals under 45 with in-demand occupations and strong English, skilled migration (189/190/491) offers the most direct route to permanent residency.

 

For those with job offers from Australian employers, employer sponsored migration (186/494/482) provides a reliable pathway without requiring high points scores. Business owners and investors should consider business migration (NIV) if they meet the substantial capital requirements.

 

Exceptional talents and innovative entrepreneurs may qualify for the National Innovation Visa (858), which offers permanent residency without prior Australian experience. International students benefit from the study-to-migration pathway, gaining Australian qualifications and work experience that significantly improve their skilled migration prospects.

 

Consulting with a registered migration agent or immigration lawyer is essential for determining the most suitable pathway for your specific situation.

 

5. Can I bring my family to Australia?

 

Yes, most Australian visas allow you to include family members in your application. For skilled and employer sponsored visas, you can include your spouse or de facto partner and dependent children under 18 (or full-time students under 25). Family members must meet health and character requirements and may need to demonstrate English proficiency depending on the visa type.

 

If you migrate first and wish to sponsor family members later, various family visa options are available, including partner visas, parent visas, and child visas, though these have separate requirements and processing times.

 

Skilled Migration Questions

6. What is the points test for skilled migration?

 

The skilled migration points test assesses applicants based on factors including age (maximum 30 points for ages 25-32), English proficiency (maximum 20 points for superior English), skilled employment (maximum 20 points for 8+ years), educational qualifications (maximum 20 points for doctorate), Australian study (5-10 points), and other factors such as partner skills, regional study, and professional year.

 

The minimum score to submit an Expression of Interest (EOI) is 65 points, but competitive rounds typically require scores of 85-95 points or higher for popular occupations. Points requirements vary by occupation, with some occupations requiring scores over 100 points to receive an invitation.

 

7. Which occupations are in demand in Australia?

 

Australia's skilled occupation lists are regularly updated to reflect labor market needs. Currently in-demand occupations include healthcare professionals (nurses, doctors, physiotherapists), IT professionals (software engineers, developers, analysts), engineers (civil, mechanical, electrical), tradespeople (electricians, plumbers, carpenters), teachers, accountants, and construction managers.

 

Occupations on the Medium and Long-term Strategic Skills List (MLTSSL) are eligible for all skilled visa types, while occupations on the Short-term Skilled Occupation List (STSOL) have more limited visa options. Regional occupation lists may include additional occupations not available for metropolitan visas.

 

8. How can I improve my points score?

 

Several strategies can boost your points score. Improving English proficiency from competent (IELTS 6.0) to proficient (IELTS 7.0) adds 10 points, while achieving superior English (IELTS 8.0) adds 20 points. Gaining additional work experience increases your points, with maximum points awarded for 8+ years of skilled employment.

 

Completing Australian study adds 5-10 points depending on the qualification level and location. Obtaining a partner skills assessment adds 10 points if your partner also meets age, English, and skills assessment requirements. Completing a Professional Year program in Australia adds 5 points for IT, engineering, and accounting occupations.

 

State nomination (190) adds 5 points, while regional nomination (491) adds 15 points, though these require commitment to live in the nominating state or region.

 

9. What is a skills assessment and how do I get one?

 

A skills assessment is an evaluation by a designated assessing authority that confirms your qualifications and experience meet Australian standards for your nominated occupation. Each occupation has a specific assessing authority, such as Engineers Australia for engineering occupations, CPA Australia for accounting, Australian Computer Society for IT, and VETASSESS for many other occupations.

 

The assessment process typically requires submission of educational qualifications, employment references, detailed job descriptions, and evidence of work experience. Some assessing authorities conduct interviews or require additional documentation. Processing times vary from 6-12 weeks depending on the authority and occupation.

 

A positive skills assessment is mandatory for skilled migration and must be obtained before submitting an Expression of Interest (EOI). The assessment is valid for three years from the date of issue.

 

10. Can I apply for skilled migration if I'm over 45?

 

Unfortunately, the age limit for skilled migration (189/190/491) and most employer sponsored visas (186) is 45 years at the time of invitation or application. There are no exemptions to this requirement for these visa categories.

 

However, alternative pathways exist for applicants over 45. The Subclass 482 Temporary Skill Shortage visa has no age limit and can lead to permanent residency through the Temporary Residence Transition stream if you work for your sponsor for three years before turning 45. Business and investment visas have more flexible age requirements, with the Significant Investor Stream (188C) having no age limit at all.

 

Employer Sponsored Migration Questions

11. How do I find an Australian employer to sponsor me?

 

Finding employer sponsorship requires a strategic approach. Start by researching Australian companies in your industry and identifying those with a history of sponsoring overseas workers. Job search websites like Seek, Indeed, and LinkedIn list positions that may offer sponsorship.

 

Networking is crucial - attend industry conferences, join professional associations, and connect with Australian professionals in your field. Some employers actively recruit overseas talent through international job fairs and recruitment agencies specializing in skilled migration.

 

Premier Visa Group offers employer matching services, connecting skilled professionals with Australian employers seeking their expertise. We maintain relationships with employers across various industries and can facilitate introductions for qualified candidates.

 

12. What are the requirements for employer sponsorship?

 

For Subclass 186 employer sponsored permanent residency, you need a genuine job offer from an approved Australian employer, at least three years of relevant work experience, qualifications relevant to the nominated position, and competent English (IELTS 6.0 or equivalent). You must be under 45 years of age unless exempted.

 

The employer must be an approved sponsor and demonstrate that the position is genuine, that they have made efforts to recruit Australian workers, and that they will pay you at least the market salary rate for the position. The nominated occupation must be on the relevant skilled occupation list.

 

13. Can I change employers on a 482 visa?

 

Yes, you can change employers on a Subclass 482 visa, but you must apply for a new 482 visa with the new employer. The new employer must be an approved sponsor and nominate you for a position. You can continue working for your original employer until the new visa is granted, or you can start working for the new employer once the new visa application is lodged if you meet certain conditions.

 

Changing employers resets the three-year requirement for transitioning to permanent residency through Subclass 186, meaning you must work for the new employer for three years before becoming eligible for the Temporary Residence Transition stream.

 

14. What happens if I lose my job on a 482 or 186 visa?

 

If you lose your job on a Subclass 482 visa, you have a 60-day grace period to find a new sponsor or leave Australia. During this time, you can apply for a new 482 visa with a different employer or apply for another visa type if eligible.

 

If you hold a Subclass 186 permanent visa and lose your job, your visa remains valid as it's not tied to a specific employer. You have the freedom to seek new employment anywhere in Australia without restrictions.

 

15. Can my employer sponsor me if I'm currently working on a student visa?

 

Yes, employers can sponsor international students currently in Australia on student visas. However, you must meet all standard requirements for employer sponsorship, including having the required skills and qualifications for the nominated position, meeting English language requirements, and having relevant work experience (which can sometimes include experience gained while studying in Australia).

 

Many international students transition to employer sponsored visas after completing their studies and gaining work experience through their Temporary Graduate Visa (485). This pathway allows you to build relationships with Australian employers and demonstrate your value before seeking sponsorship.

 

Business and National Innovation Visa (NIV) Questions

18. Do I need to live in Australia on a NIV Entrepreneur visa?

 

Residence requirements vary by stream.

 

19. Can I work in Australia on a NIV Entrepreneur visa?

 

Yes,
Family members included in your NIV Entrepreneur visa have full work rights and can work for any employer or establish their own businesses without restrictions.

 

20. What are the requirements to transition from 188 to 888 permanent residency?

 

National Innovation Visa (NIV) Questions

21. What is the National Innovation Visa (NIV)?

 

The National Innovation Visa (NIV), officially known as the Distinguished Talent Visa (Subclass 858), is a permanent residency pathway for individuals with internationally recognized exceptional talent or innovative entrepreneurial ideas. Unlike skilled migration, NIV doesn't require prior work experience in Australia, employer sponsorship, or high points scores.

 

The visa has three main streams: P2 (Entrepreneur), P3 (Established Talent), and P4 (Emerging Talent). Each stream targets different types of exceptional individuals who can contribute to Australia's innovation and economic growth.

 

22. What qualifications do I need for the NIV Talent Stream?

 

For the Talent Stream (P3/P4), you must demonstrate internationally recognized exceptional achievement in your field. This can include awards, publications, patents, media recognition, leadership positions in professional organizations, or evidence of significant contributions to your field.

 

Eligible fields include science, technology, engineering, mathematics, arts, culture, sports, and academia. You must be nominated by an Australian organization or individual who can attest to your exceptional ability and explain how your presence in Australia will benefit the country.

 

P3 targets established talents with a proven track record, while P4 focuses on emerging talents who show exceptional promise and potential for future achievement.

 

23. What is required for the NIV Entrepreneur Stream?

 

The Entrepreneur Stream (P2) requires an innovative business idea that is scalable and likely to benefit Australia. You must secure no investment required (a major advantage of South Australia Entrepreneur Migration) from specified sources, which can include Australian venture capital firms, government agencies, or angel investors.

 

Your business plan must demonstrate innovation, commercial viability, and potential for job creation or economic benefit to Australia. You must show genuine commitment to developing your business in Australia and have the skills and experience necessary to successfully implement your business plan.

 

24. Do I need a nominator for NIV?

 

Yes, for the Talent Stream (P3/P4), you must be nominated by an Australian organization or individual who has a national reputation in your field. The nominator must provide a detailed statement explaining your exceptional abilities, your achievements, and how your presence in Australia will benefit the country.

 

For the Entrepreneur Stream (P2), you don't need a nominator in the traditional sense, but you must have funding commitments from Australian investors or government agencies, which serve a similar validation function.

 

25. Is there an age limit for NIV?

 

The NIV has no age limit for most streams, making it attractive for exceptional individuals who may be over the age limit for skilled migration (45 years). However, younger applicants may have an advantage as they have more years to contribute to Australia's economy and innovation.

 

Partner and Family Migration Questions

26. What is the difference between onshore and offshore partner visas?

 

Onshore partner visas (820/801) are for applicants already in Australia on a valid visa. The temporary visa (820) is granted first, followed by permanent residency (801) after two years if the relationship remains genuine. Applicants can remain in Australia throughout the process and have work rights from the date of application.

 

Offshore partner visas (309/100) are for applicants outside Australia. The temporary visa (309) is granted first, allowing entry to Australia, followed by permanent residency (100) after two years. Applicants must be outside Australia when applying and when the temporary visa is granted.

 

27. What evidence do I need to prove a genuine relationship?

 

Evidence of a genuine relationship includes joint financial commitments (joint bank accounts, joint ownership of property, joint loans), shared household arrangements (joint lease, shared bills, evidence of living together), social recognition of the relationship (photos together, statements from friends and family, joint social media accounts), and commitment to a shared life (future plans, joint travel, shared responsibilities).

 

For married couples, a marriage certificate is required. For de facto couples, evidence of living together for at least 12 months is required, unless exceptional circumstances apply.

 

28. Can I include my children in a partner visa application?

 

Yes, dependent children can be included in a partner visa application. Eligible children include biological children, adopted children, and step-children of either the applicant or the sponsor. Children must be under 18 years of age, or full-time students under 25 years, or over 18 with a disability that prevents them from working.

 

29. What are the requirements for parent visas?

 

Parent visas require an eligible sponsor who is an Australian citizen, permanent resident, or eligible New Zealand citizen. The sponsor must have been settled in Australia for at least two years. Applicants must pass the balance of family test, meaning at least half of their children must be permanent residents or citizens of Australia, or more children must live in Australia than in any other single country.

 

30. How long does a partner visa take to process?

 

Partner visa processing times vary depending on application complexity and whether you apply onshore or offshore. Currently, onshore partner visas (820/801) take approximately 18-36 months for the temporary stage, with an additional 18-24 months for the permanent stage.

 

Offshore partner visas (309/100) have similar processing times. Applications with relationship concerns, complex circumstances, or incomplete documentation may take longer. The Department of Home Affairs prioritizes applications based on various factors, including the strength of the relationship evidence and application completeness.

 

Study-to-Migration Questions

31. Can international students apply for permanent residency after graduation?

 

Yes, many international students successfully transition to permanent residency after completing their Australian studies. The most common pathway is through skilled migration (189/190/491) after gaining Australian qualifications, work experience, and improving English proficiency.

 

Australian study provides bonus points in the skilled migration points test (5-20 points depending on qualification level and location), and graduates can apply for a Temporary Graduate Visa (485) to gain Australian work experience while preparing their skilled migration application.

 

32. What is the Temporary Graduate Visa (485)?

 

The Temporary Graduate Visa (Subclass 485) allows international students who have recently graduated from an Australian educational institution to live, work, and study in Australia temporarily. The visa has two streams: the Graduate Work stream (18 months) for graduates with skills and qualifications in occupations on the skilled occupation list, and the Post-Study Work stream (2-4 years) for graduates with higher education degrees.

 

This visa provides valuable time to gain Australian work experience, improve English proficiency, and accumulate points for skilled migration. Work experience gained on a 485 visa counts toward skilled migration points and skills assessment requirements.

 

33. Which courses are best for permanent residency?

 

Courses leading to occupations on the skilled occupation lists offer the best permanent residency prospects. Popular fields include IT (software engineering, data science, cybersecurity), engineering (civil, mechanical, electrical), healthcare (nursing, physiotherapy, occupational therapy), accounting, teaching, and social work.

 

When choosing a course, consider the occupation's points requirements, skills assessment requirements, and long-term employment prospects. Some occupations require additional registration or licensing in Australia, which may involve further study or examinations.

 

34. Do I need work experience to apply for skilled migration after studying in Australia?

 

Work experience is not mandatory for skilled migration, but it significantly improves your chances of receiving an invitation. The points test awards up to 20 points for skilled employment, with maximum points for 8+ years of experience. Even one year of Australian work experience (gained on a 485 visa) adds 5 points and demonstrates your ability to work in Australia.

 

Some skills assessments require work experience as part of the assessment criteria. For example, many engineering and IT occupations require at least one year of post-qualification work experience for a positive skills assessment.

 

35. Can I bring my family on a student visa?

 

Yes, you can include your spouse or de facto partner and dependent children in your student visa application. Family members receive the same visa grant period as the main applicant and can live in Australia with you during your studies.

 

General Immigration Process Questions

36. Do I need a migration agent or lawyer?

 

While it's possible to apply for Australian visas independently, engaging a registered migration agent or immigration lawyer significantly improves your chances of success. Professional assistance ensures your application is complete, accurate, and presents your case in the best possible light.

 

Migration agents and lawyers understand the complex requirements, can identify potential issues before they become problems, and know how to address difficult circumstances. They can also represent you in communications with the Department of Home Affairs and, in the case of lawyers, represent you in appeals if your application is refused.

 

For complex cases, previous refusals, or high-stakes applications, professional assistance is strongly recommended.

 

37. What is the difference between a migration agent and an immigration lawyer?

 

Migration agents are registered with the Migration Agents Registration Authority (MARA) and can provide immigration advice and assistance. They can prepare and lodge visa applications, communicate with the Department of Home Affairs on your behalf, and provide advice on visa options and requirements.

 

Immigration lawyers hold legal qualifications in addition to MARA registration and can provide legal representation in appeals to the Administrative Appeals Tribunal (AAT) if your visa application is refused. They have expertise in complex legal matters and can handle sophisticated commercial and employer sponsored visa applications that may fall outside the scope of typical migration agents.

 

At Premier Visa Group, our team includes both MARA-registered agents and Australian practicing immigration lawyers (Lawyer Number: LPN5512623), providing comprehensive expertise across all visa types and complexity levels.

 

38. How do I check my visa application status?

 

You can check your visa application status through your ImmiAccount on the Department of Home Affairs website. After lodging your application, you'll receive a Transaction Reference Number (TRN) which you can use to track your application progress.

 

The ImmiAccount shows your application status, any requests for additional information, and notifications from the Department. Processing times vary by visa type, and the Department may not provide regular updates during the assessment process. If your application is taking longer than the published processing times, you can contact the Department for an update.

 

39. What happens if my visa application is refused?

 

If your visa application is refused, you'll receive a detailed refusal letter explaining the reasons for the decision. Depending on the visa type and circumstances, you may have several options:

 

You can apply for a different visa type if eligible. For some visa types, you can request merits review by the Administrative Appeals Tribunal (AAT), which provides an independent review of the decision. You must lodge your AAT application within the specified timeframe (usually 21 days for onshore applications).

 

Engaging an immigration lawyer is strongly recommended for appeals, as they can represent you at the AAT and present legal arguments in support of your case. At Premier Visa Group, our lawyers have extensive experience in overturning visa refusals and achieving successful outcomes at the AAT.

 

40. Can I visit Australia while my visa application is being processed?

 

Whether you can visit Australia during visa processing depends on your current visa status and the type of visa you've applied for. If you're applying for an offshore visa (such as offshore partner visa 309/100 or skilled migration 189), you can generally visit Australia on a visitor visa while your application is being processed, though you must be outside Australia when your permanent visa is granted.

 

If you're applying for an onshore visa (such as onshore partner visa 820/801), you can remain in Australia during processing and will typically be granted a Bridging Visa that allows you to stay in Australia until your substantive visa is decided.

 

Always check the specific conditions of your current visa and any bridging visa to ensure you comply with visa requirements while your application is being processed.