Immigration Law
Immigration Law
There can be many reasons why people move to Australia. Some people may decide to make Australia their home due to work or employment opportunities, others because they would like to start a business in Australia.
Another reason to relocate to Australia could be because the person has a spouse or de-facto partner who is an Australian citizen or permanent resident.
Other people might prefer to live in Australia because of the pleasant climate, healthy environment and attractive lifestyle, or because they would like to raise their children in a country with good schools, stable society, and safe communities.
Tamas Immigration
At Tamas Lawyers, we look forward to the opportunity to give guidance on temporary visas or permanent residence in Australia that may suit your individual requirements.
As well as assisting with a range of Australian visa applications, in more complex cases we provide advice and assistance with immigration and visa appeals to the Administrative Appeals Tribunal, the Federal Circuit and Family Court, the Federal Court, or the High Court of Australia. In some situations, you may seek assistance with a Ministerial Intervention application, or some other migration matter such as a Request for Further Information or an Invitation to Comment.
We can also advise on Australian citizenship and assist with citizenship applications.
Australian Visas
There are a number of different Australian visas, which are classified into certain visa classes and subclasses.
Types of Australian visas include partner visas, child visas, parent visas, employer sponsored work visas, skilled migration visas, business and investment visas, studying and training visas, visitor visas, refugee and humanitarian visas, as well as medical treatment visas and various bridging visas.
We offer advice and assistance with visa applications, including the following visas and sponsorships:
- Skilled Independent visa
- Skilled Nominated visa
- Employer Nomination Scheme
- Skilled Regional visa
- Temporary Skill Shortage visa
- Standard Business Sponsorship
- Employer Nominations
- Skilled Employer Sponsored Regional visa
- Skilled Work Regional visa
- The SkillSelect Program, including Expression of Interest
- Skills Assessments
- Temporary Activity visa
- Temporary Work (International Relations) visa
- Temporary Work (Short Stay Specialist) visa
- Partner visa
- Prospective Marriage visa
- Parent visa
- Child visa
- Remaining Relative visa
- Adoption visa
- New Zealand Citizen Family Relationship visa
- Special Category visa
- Carer visa
- Temporary Work (International Relations) visa
- Global Talent visa
- Investor visa
- Business Innovation and Investment visa
- Business Owner visa
- Visitor visa for tourists
- Business visitors
- Sponsored family visitors
- Student visa
- Temporary Graduate visa
- Student Guardian visa
- Training visa
- Working Holiday visa
- Work and Holiday visa
- Medical Treatment visa
- Protection visa
- Refugee visas
- Crew Travel Authority visa
- Maritime Crew visa
- Resident Return visas
- Citizenship
Australian Citizenship
There are various ways in which you may become an Australian citizen, such as for example:
- Citizenship by conferral, for Australian permanent residents and New Zealand citizens.
- Citizenship by conferral, for persons aged 60 years or older.
- Citizenship by descent, if your parent was an Australian citizen when you were born outside of Australia.
Other pathways to become an Australian citizen:
- Citizenship by conferral, for child applicant who is 15 years of age or younger.
- Citizenship by conferral, if you were born to a former citizen of Australia.
- Citizenship by conferral, for persons born in Papua before independence in 1975.
- Citizenship by conferral, for persons with an incapacity or impairment.
- Citizenship by adoption, for child who was adopted by an Australian citizen under the Hague Adoption Convention.
- Resumption of citizenship, for people who used to be Australian citizens.
Citizenship by conferral for Australian permanent residents and New Zealand citizens
Citizenship by conferral can be sought by Australian permanent residents, or New Zealand citizens who hold a Special Category Subclass 444 visa, who are aged 18 to 59. They may be eligible for Australian citizenship if they meet various criteria, including the residence requirement.
Under the general residence requirement, Australian permanent residents, and New Zealand citizens holding a Subclass 444 visa, will need to show that they have been living in Australia on a valid visa for 4 years immediately before the day when they apply for citizenship.
Applicants for Australian citizenship must also show that they have held a permanent visa, or a Special Category subclass 444 visa, for the last 12 months immediately before the day when they apply. Moreover, they must not have been absent from Australia for more than 12 months in total in the past 4 years, including no more than 90 days in total in the 12 months immediately before applying for Australian citizenship.
A parent cannot include a child who is 16 or 17 years of age in their citizenship application. Those children will need to apply on their own. For children who are 16 or 17 years old, if meeting the residence requirement is going to cause significant hardship or disadvantage, they will need to provide evidence thereof.
Children who have not yet turned 16 years of age do not need to meet the general residence requirement but must be permanent residents.
Other exemptions where you may not need to meet the residence requirement include if you were born to a former Australian citizen who lost his or her citizenship before 4 April 2002, or if you were born in Papua before 16 September 1975 and one of your parents was born in Australia and was a citizen of Australia when you were born.
Further requirements apply for Australian citizenship, such as knowledge of Australia, basic proficiency in the English language, and having close and continuing links to Australia.
In assessing close and continuing links to Australia, the Department of Home Affairs will consider factors such as employment, income, property ownership, savings or assets in Australia, and any family members who are Australian citizens or permanent residents. Other ties to Australia of relevance can be the frequency of travel to and from Australia and reasons for the travel, schooling arrangements for children, cultural activities, religious commitments, and community participation in organisations that provide services or opportunities for people.
Citizenship by conferral for persons aged 60 years or older
If you are a permanent resident of Australia, or a New Zealand citizen holding a Special Category subclass 444 visa, and you are 60 years of age or older, you may be eligible to apply for Australian citizenship provided you meet certain requirements including the residence requirement.
To meet the general residence requirement, you need to have been living in Australia on a valid visa for 4 years immediately before you apply for Australian citizenship. Also, you must hold a permanent visa, or a Special Category subclass 44 visa, for the last 12 months immediately before you apply. You cannot have been absent from Australia for more than 12 months in total in the past 4 years, including no more than 90 days in total in the 12 months immediately before applying for citizenship.
If you are 60 years of age or older, you may apply for Australian citizenship without taking the citizenship test. You can be called for an interview to show that you understand the nature of the application you are making.
Amongst other requirements for citizenship, you will be expected to provide evidence of close and continuing links to Australia
Citizenship by descent if your parent was an Australian citizen when you were born outside of Australia
You could be eligible for Australian citizenship by descent if you were born outside of Australia and one or both of your parents was an Australian citizen at the time of your birth.
If your parent became an Australian citizen by descent, or by adoption outside Australia under a bilateral arrangement or under the Hague Adoption Convention (The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption), your parent will need to have spent no less than 2 years lawfully in Australia before you apply for citizenship.
If you are 18 years of age or older at the time when you apply for Australian citizenship, you will be asked to provide evidence of good character.