Numerous countries of the world have in their population structure a share of foreigners relocated on a temporary or permanent basis. Given the fact that people have a wide range of options for relocating to a foreign country and that international transportation connects most of the world’s nations, foreign citizens can now relocate to basically all the states that have an immigration policy.
This is also the case of Australia, a country that is more isolated compared to other nations of the world, but which represents a very developed economy. Persons who want to immigrate to Australia can relocate here based on an employment visa, a visa for study purposes, family reunification programs and other types of visas prescribed by the national law.
For in-depth advice on the types of immigration documents available for a specific nationality, you can rely on the services of our immigration lawyer in Australia, who can explain the legal procedures a foreigner should expect when relocating here (applying for a visa, obtaining a residence permit in Australia, renewing his or her immigration documents and others).
What are the basic services in order to immigrate to Australia?
As a foreigner, you can arrive in Australia for different reasons and for each type of situation that determined the need to relocate in this country, one has to apply for a specific type of visa (there are certain exemptions from this regulation, which can be detailed by our immigration lawyer in Australia).
Our immigration lawyer in Australia can provide a wide range of services to foreigners which are divided based on the reasons for arrival in this country; you can request information on the full list of documents one should prepare when applying for a visa, as well as on the specific type of visa that one should apply for (Australian visas are divided into numerous categories and sub-classes). As a general rule, such documents can be divided between the following:
• general work visas – persons who would like to immigrate to Australia can apply for a Temporary Skills Shortage Visa, a Training Visa or a Working Holiday Visa, to name a few;
• visas for skilled employees – foreigners can obtain visas such as the Temporary Graduate Skilled Visa, the Skilled Work Regional Visa or the Skilled Nominated Visa;
• visas for study purposes – our immigration lawyer in Australia can help young foreigners in enrolling with local education institutions by applying to one of the numerous visa options available for this category of persons;
• visas for family reunification programs – such visas are available for persons living here who want to bring their close family members to Australia, such as parents, spouses or children, but foreigners can also apply for fiancé visas, which allow the right to get married to a person with Australian citizenship;
• business visas – foreigners interested in developing a business here can apply for various business visas (issued on a temporary basis) that can provide the right to permanent residency in this country (through a residence permit in Australia).
Visa options for employment in Australia
We presented above some of the main options through which a foreigner can obtain a visa in Australia, some of them referring to visas for employment purposes. As we mentioned earlier, the Australia visa schemes offers a wide variety of visas for work-related purposes. Immigration in Australia for employment can be achieved through the following visa categories:
• employment visas issued for immigration to Australia for short-term stays;
• visas created for innovation purposes, under the Global Talent Program, which aims at attracting highly skilled employees;
• visas issued for temporary work in Australia – in some cases, the applicant will need to obtain a sponsorship;
• visa issued for permanent employment in Australia – here, there is a wide range of options available for foreigners and our immigration lawyer in Australia can present the full list of visas;
• visas issued for skilled occupations – they are addressed to certain professionals who are in demand on the local employment market.
It must be noted that foreigners who immigrate to Australia for employment reasons benefit from the same rights as the local citizens or permanent residents. This is guaranteed under the Australian legislation and it is granted regardless of the visa type through which the foreigner arrived in this country and regardless of the person’s citizenship. Through some of these visas, one can also relocate here on a permanent basis and apply for Australian citizenship after living here for several years.
What is the latest data on immigration in Australia?
The data on the number of foreigners living in Australia is gathered by the Department of Home Affairs of the Australian Government. The institution has made public the statistics on the immigration program for 2018-2019, which reveals that immigration to Australia was mainly done through work opportunities and then through family-related options, as follows:
• immigration documents related to employment accounted for 109,713 approvals;
• the highest number of employment visas was issued as employer-sponsored visas (35,879);
• immigration to Australia related to family purposes accounted for 47,247 documents in 2018-2019, accounting an increase of 5,1% compared to the previous year;
• the highest number of visas for family-related matters was issued as partner visas (20,490)
• the highest number of immigrants arrived from India (33,611 persons), China (24,282 persons) and the United Kingdom (13,689 persons).
Obtaining the refugee status in Australia
A refugee is a person who needs to leave his or her home country due to various reasons that are threatening the person’s life or integrity. A refugee in Australia, or an asylum seeker, can obtain this status through a process which is called refugee status determination.
Through this process, the asylum seeker presents the reasons for which he or she needs to relocate from his or her home country and, after this, the Australian officials will provide the refugee status, if it meets the definition of the Refugee Convention. You may find out more on this subject from our immigration lawyer in Australia, who can also legally represent a refugee in this process.
The legislation for immigration in Australia provides visas for humanitarian reasons, but also visas for refugees which can be granted for onshore purposes or for offshore purposes, depending on the location of the respective asylum seeker. Generally speaking, persons seeking asylum in Australia can apply for a Protection visa (subclass 866), which provides the right to permanent protection.
One can apply for a temporary protection, under the Temporary Protection Visa (subclass 785). Another option for temporary protection is the Safe Haven Enterprise Visa (subclass790). Persons who are seeking for asylum when they immigrate to Australia must know that they can benefit from a set of rights, besides the one for protection against various issues happening in the home country (persecution, war, life threatening situations).
Can a foreigner become an Australian citizen?
Yes, foreigners can become Australian citizens. There are several ways through which foreigners can obtain Australian citizenship. As a foreigner who is not related in any way with a local national, one can obtain citizenship by becoming a permanent resident (as a foreigner, it is necessary to have a permanent residence permit in Australia if you want to become a citizen).
The legislation on immigration in Australia prescribes several legal options designed for different categories of citizens. For example, one of them refers to the citizens of New Zealand and the permanent residents of this country, who can become citizens of Australia in given conditions.
Then, another category of persons refers to foreigners with an age above 60 years old, who can become Australian citizens if they have gained their permanent residency in this country, if they are the spouses of Australian citizens, if they are eligible New Zealand citizens with an age above 60 years old, or if they are migrants who have arrived here for humanitarian reasons or who are refugees.
A person is entitled to the citizenship if one of the parents is an Australian citizen, and, at the moment when the applicant’s birth took place, the event took place overseas. However, it must be noted that one of the parents must have been a citizen of Australia at the moment when the birth occurred, so that the applicant can receive his or her citizenship under this legal option, which refers to citizenship by descent. Other categories of persons are the following:
• children with an age below 15 years old who have obtained the permanent residency in Australia;
• persons who had at least one parent with an Australian citizenship at the moment of their birth and who, since then, has lost the citizenship;
• persons who are adopted by Australian citizens from other countries;
• citizens of Papua who were born prior to the year when the country obtained its independence (in 1975);
• persons who have had the citizenship and who have lost it are also entitled to become Australian citizens again;
• persons who are born in Australia and who were considered stateless.
Persons who are married to local citizens can also apply for citizenship. There are different legal requirements based on the specific situation of a foreigner and this is why we invite you to address our imigration lawyer in Australia for professional legal advice and legal representation.