Australia has fantastic opportunities for students seeking a new life in Australia after they graduate. Initially, you can stay in Australia for between 18 months and four years after graduating depending on what kind of qualification you have.

The first thing you will need is a Temporary Graduate (subclass 485) visa.

To qualify for this visa you must be under 50, be in good health and be competent in English (an IELTS score of 6 or a passport from an English-speaking country).

There are two types of Temporary Graduate Visa:

1. Post-Study Work Stream visa

This visa allows you and your family to live, work, travel and study in Australia for between two and four years if you have graduated from an Australian education institution within the past six months.

If you have a bachelor degree you can stay for two years. If you have a master’s degree you can stay for two or three years. And if you have a doctorate you can stay for four years.
However, if your qualification is below that of a bachelor degree (eg: certificate III, diploma or graduate diploma) you do not qualify for this visa.

Also, you are not eligible for this visa if you applied for your first ever student visa before November 5, 2011.

2. Graduate Work Stream Visa

This visa allows you and your family to live, work, travel and study in Australia for 18 months if you have graduated from an Australian education institution within the past six months.

Unlike the Post-Study Work Stream visa, you are eligible for this visa even if your qualification is below that of a bachelor degree – eg: a diploma or trade-level certificate, and even if you applied for your first ever student visa after November 5, 2011.
However, your qualification must be in a field which is in demand. Australia has a shortage of skilled workers in several fields including types of engineer, medic, scientist and teacher. These occupations are listed on the Skilled Occupation List, To qualify for a Graduate Work Stream visa you must pass a skills assessment in an occupation on the Skilled Occupation List.

You must find work in a field that is the same as, or closely related to, the subject in which you gained your qualification. For example, if you gained a bachelors degree in commerce, you cannot work as tradesman such as plumber.

What if I want to stay longer?

Australian immigration is keen to offer permanent visas to people who can contribute long-term to the economy and country. Skilled migrants wishing to work in Australia will be assessed on a points-based system with points awarded for work experience, qualifications and language proficiency. You have to first submit an Expression of Interest for a Skilled visa, via the SkillSelect process. If this is accepted, you can begin application for a full visa. There are several kinds of permanent visa but the main ones for recent graduates are:

1. Skilled Nominated Visa (subclass 190)

This points-tested permanent visa allows skilled workers who are nominated by a state or territory government agency to live and work in Australia as a permanent resident. As well as being nominated, you must be under 50 years old, work in a field on the Skilled Occupation List and obtain a Suitable Skills assessment for the occupation.

2. Skilled Independent Visa (subclass 189)

If you are not nominated by a state or territory government, you can still apply as an individual. Again, you must be under 50 years old, work in an SOL occupation and obtain a Suitable Skills assessment. As with most Australian visas, your application will be judged on a points-based system, and you must obtain a certain number of points to be successful.

3. Employer Nomination Scheme (subclass 186)

This visa is a permanent residence visa for skilled workers who are either being sponsored by an employer or who have been nominated by an employer who wants to offer them a permanent position.

You must have nominated by an approved Australian employer, be younger than 50 and meet the skills, qualifications and English language requirements.

Welcome

Australia has thousands of students graduating from its universities every year, many of whom are now eligible for the temporary graduate visa. The temporary graduate visa allows a student with a university degree from any university to work in Australia for up to 4 years, providing the perfect opportunity to establish your career in Australia in your chosen field of study before settling into permanent residency and eventually citizenship.

The great thing about this visa is that it is open to anyone with a qualification from an Australian university and it allows students graduating from these institutions to establish themselves in the real economy for the job market providing a foundation for their career and a position in the economy going forward. Once established in the workforce, a real basis for permanent residence and citizenship can then be pursued.

Apart from the completion of a university degree, there are some other requirements in relation to english, health and character for this visa. However, in most cases, if a student has been able to complete their university studies in an Australian university in English, they will also be capable of achieving the necessary result in an IELTS or equivalent test.

If you are interested in applying for this type of visa, please do not hesitate to contact us.

Australia is set to introduce a number of reforms to its immigration system to encourage highly skilled and educated entrepreneurs to settle in Australia. It is part of the government’s new Innovation and Science announcement. It will be aimed particularly at foreign students in Australia that have excellent results in their degrees. The changes to the immigration program are part of an overall package of reforms designed to give an innovation economy the best possible chance of success in Australia.

The Minister for Immigration, Mr Peter Dutton said the following:

“The visa system is a key enabler of Australia’s ability to attract and capitalise on the expertise and ideas of foreign innovators within a global marketplace.

It has also been announced that entrepreneur visa will require applicants to obtain financial backing for their ideas before being approved for residence in Australia. The changes are largely aimed at retaining graduates in the STEM subjects of science, technology, engineering and mathematics. The reforms are due to be introduced in the second half of 2016.

Further details of the reforms are expected to be announced in early 2016 as the planning of the reforms proceeds. The other parts of the innovation reform program were increases in funding for research in the STEM subjects, changes to bankruptcy laws making it less risky for start ups to establish a new business and tax incentives for startups innovating in particular areas.

The innovation reform package is also designed to coincide with reforms that are intended to make Australian companies more competitive on a global platform. This includes the free trade agreements that have been finalised between Australia a number of other countries like Japan, Korea, China, Singapore and the USA. Also, the expected Trans Pacific Partnership is part of the suite of treaties that is expected to the open the Australian economy to new export markets and in the process allow Australian firms to take their place on the world stage.

In the globalised economy in which we now live, immigration policies and procedures have never been more relevant to employers, educational institutions, industry groups and business chambers and law firms. We regularly present to:

Employers
Companies – both public and private
Law firms (for CLE purposes)
Chambers of commerce
Educational institutions, including universities and private colleges
Industry groups
Student organisations
Groups of individuals and associations

We have presented throughout Australia and overseas.

We frequently give presentations covering and concerning different areas of immigration law, including the following:

General Skilled Migration
Business Visas
Employer Sponsored Options
Partner Visa Applications
Education Services for Overseas Students (ESOS) legislative framework
Standard Business Sponsors and ways of complying with their obligations

If you would like us to give a presentation to your company or educational institution please contact us. Our lawyers have been practising immigration law cumulatively for over 4 decades and we are more than happy to oblige any presentation request. Presentation services are normally arranged based on an hourly fee for the lawyer preparing the presentation.

The Australian government would sell the right to immigrate to Australia as a complement to the skilled migration programme under radical proposals being examined by the independent think tank of the government.  The Productivity Commission is investigating a cost-based immigration process that will use entry fees as the principal determinant for who gains entrance to Australia.

But the propositions have alarmed business groups and unions, who say handling skills shortages should stay the focus of the immigration policy in Australia. Ethnic community groups say they would oppose any moves that would prevent poorer immigrants from re-uniting with their loved ones.  Permanent residency visas are issued by the Australian migration system to other people: those with particular abilities; those with families in Australia.

In its issues paper, the Productivity Commission canvasses two options to introduce an “immigration fee”: setting a price, with the size of the consumption ordered by demand; or establishing a limit on the consumption and letting demand to order the price of entrance.  The commission notes there will also be middle ground options including enabling a capped variety of places to be allocated with a bid procedure.  By allowing them to borrow against future anticipated gains or by introducing a loans program, the inability of several hopeful immigrants might be dealt with.  The minister for immigration said the report is merely designed to examine all of the options and does not represent any firm proposals at this stage.

The government has recently announced a relaxation of the requirements for a business visa for permanent residency in Australia.  Previously, there was a need to prove business innovation in relation to the Innovation and Investment Stream of the visa.  However, it is now sufficient to prove an adequate record of business management.

Basically, the requirements for this stream of visa are now as follows:

Be under 55 years of age, although a state or territory can waive this requirement if your planned business will be of exceptional economic benefit to Australia.

Own at least one of the following portion of your nominated business:

– 51 per cent, if the business has a turnover of less than AUD400 000 per year
– 30 per cent, if the company has a turnover of more per year or AUD400 000
– 10 per cent, in the event the business is a publicly listed company
– have an overall successful business career
– have a genuine want to continuously own and maintain a management function in a company in Australia.
If your nominated chief company provides professional, technical or trade services, you have to have spent a maximum of half your own time providing those services, rather than general management of the business.

At the time of invitation, you, your partner, or you and your partner combined must have overall internet company and personal assets of at least AUD800 000 which are lawfully acquired and available for legal transfer to Australia within two years.

You along with your partner must have experienced no engagement in unacceptable company or investment actions.

Previously, you may not have been eligible for a business visa but it is now available to you.  Contact us to find out more.

Use the contact form to the right to book an appointment for a consultation with an immigration lawyer.  An initial consultation is $200.00 which can be deducted from your visa application charge if you decide to go ahead at a later stage.  Appointments are at our offices in the Sydney CBD Area.

We can also arrange for skype or phone appointments if necessary.

We often get asked questions about the expiry of visas.  Here are our answers to some of the common questions.

How can I know whether my visa has expired?

You can check your visa advice at any time through Visa Entitlement Verification Online (VEVO). This can give you information about your visa’s expiry date in addition to any conditions attached to your visa or other requirements.

It’s vital that you’re aware of your visa’s expiry date.

Note: companies as well as other organisations may also be generally required to check conditions and an individual ‘s visa status, including their right.

What should I do?

You need to visit an immigration office instantaneously if your visa has expired.

You need to bring evidence of any airline bookings, your passport or alternative identity documents, proof and, if you are intending to depart you have made a plan.

Community Status Resolution Service (CSRS) officers can allow you a bridging visa while you work with us to finalise your immigration matter. A bridging visa is a short-term, temporary visa that enables one to stay in Australia lawfully until your immigration issue is finalised.

If you continue in Australia without a valid visa you risk being placed in immigration detention and removed if you are located included in the section’s compliance operations. It is important you take action and contact the CSRS.

Will I be detained?, If I come into an office

The department normally doesn’t detain people if they work toward finalizing their immigration matter with the Department.

The Australian Government created the Community Status Resolution Service (CSRS) to give individuals working in Australia or living the opportunity to re engage and work out their immigration status. This approach is provided instead for people working with us.

In these circumstances, we could grant you a bridging visa to let you stay in the community temporarily until your immigration matter is finalised.

Don’t the government just try to make people leave Australia?

Not necessarily, the government’s aim is to ensure that you keep a lawful visa status while you are in Australia.

Community Status Resolution Service (CSRS) officers will clearly explain immigration or departure choices. This consists of realistic information about your eligibility in the event that you intend to submit an application for a visa to stay in Australia. However, you need to be prepared that a visa is denied, you’ll be expected to depart.

What do I do if my passport has expired?

You’ll have to have to organise one through your country’s embassy or consulate as soon as possible, in the event that you do not possess a valid passport or travel document. If you want help and you also don’t hold a visa or only hold a Bridging visa E (BVE), you need to contact the CSRS.

Do I have to pay to talk to the Community Status Resolution Service (CSRS)?

No. You do not need to cover to speak to a CSRS officer.

If I actually don’t have a visa and make an effort to leave Australia, will I get stopped at the airport?

You are able to leave Australia without a visa that is valid. But immigration officers may counsel you in the airport before your departure.

What if I actually don’t have a visa to stay, but I’m not sure about going home either?

IOM is an independent, global organisation which has supplied neutral advice to many people in this case. IOM can allow you to be sure you have all the info you should make a determination about returning home.

For more information, you are able to contact IOM – International Organization for Migration from anywhere in Australia. Phone: 1300 116 986 (local call price)

I would like to leave Australia, but I can not afford it.

In the very first instance, the government expects individuals to make arrangements to buy a ticket home, which might mean seeking help from friends or family. Eligible individuals who want to leave Australia but who need some support to achieve this can be helped by IOM.

Can I just stay on a bridging visa in Australia?

No. A Bridging visa E (BVE), like all bridging visas, is a temporary short term visa given by the section while you work out an immigration issue that is excellent. It isn’t an immigration solution. There will be particular states attached to some bridging visa that you must follow.

You may need to provide the operator with some details, if you want to learn more particular information about your circumstance.

You’ll need to come to be able to make an application for a bridging visa if you do not currently hold a valid Australian visa.

Australia has recently set up a number of new working holiday arrangements. On 23 November the Work and Holiday arrangement with Spain commenced. The arrangement allows for up to 500 young adults from Spain to enjoy an extended holiday of up to 12 months in Australia, during which time they may undertake short term work and study.

Also, the working holiday visa for Portugal is now available.  The arrangement allows for up to 200 young adults from Portugal and 200 young adults from Australia to enjoy an extended holiday of up to 12 months in each other’s country, during which time they may undertake short term work and study.

On 22 October 2014, Australia and Israel announced that a new Work and Holiday Memorandum of Understanding was signed, establishing a reciprocal Work and Holiday visa (subclass 462) arrangement between our two countries.  This arrangement, when brought into effect, will allow up to 500 young adults from Israel and up to 500 young adults from Australia to enjoy a holiday in each other’s country, during which they may undertake short term work and study.

Businesses will be allowed to bring employees to Australia for around a year without applying under a migration for 457 skilled worker visas -rule revamp being considered by the government.

The Department of Immigration and Border Protection is proposing a new temporary entry visa for foreign workers that wouldn’t require the candidates to pass language or abilities requirements. Nor would employers demonstrate they cannot find an Australian to fill the position.

The planned “short-term freedom” subclass of visas would be available for “specialised work which may include intra-company transfers and foreign correspondents”, says a proposal paper obtained by The Australian Financial Review.

Fly-in, fly-out commuters, specialists or international partners who must provide brief spans of consultation or work to a firm would be covered. The visa would allow for multiple entrances.

The paper is a part of a review charged by the Abbott government as the biggest reexamination of skilled migration in 25 years and pronounced in October. The government desires to cut red tape and give businesses more flexibility to develop and compete for talent. But unions, which are largely hostile to foreign labour would be upset by the changes.

Skilled migration researcher Bob Birrell said the government will be picking a huge fight with white collar unions and professional groups by allowing greater extent to bring in people for short-term appointments to global firms.

“There are already significant issues with graduate employment in professions including dentistry, computer science, medicine and engineering,” he said.

“Liberalisation such that being mooted is going to crash head on with that situation. The government is going to have some angry professional associations on its hands.”

The existing category 400 visa, allowing skilled or specialist entrants to work for up to six weeks would be replaced by a short term mobility category.

There were 4587 visas of the kind allowed when it was initially offered in 2012 13. That jumped to 32,984 in 2013-14. Applicants are focused in construction, manufacturing, mining and schooling.

Company groups have already been pushing to get a less onerous visa in relation to the 457 to permit them to bring in specialists for shorter-duration endeavors. Employer groups say the six weeks is overly brief as well as the section frequently redirects applicants .

Australian Council of Trade Unions president Ged Kearney said with unemployment at a 12-year-high of 6.3 per cent, the focus should be on employing and training locals.

“The review of Australia’s skilled migration system must strengthen requirements for employers to advertise jobs locally before recruiting workers from foreign, not make it simpler for businesses to avoid Australian workers, university graduates and apprentices,” she said.

Mark Glazbrook, the managing director -based Migration Solutions, said the lengthy mobility visa would be eagerly welcomed. “The current policy settings and regulations are rather strict and don’t let a lot of flexibility where there is really specialised or exceptional work to be done,” he said.

“If you consider a large international- based business with Australian operations, should they have a specialised piece of gear that’s in Australia and no one knows the way to install it, they want to be able to bring someone, possibly on multiple occasions, on a truly temporary basis.”

The existing employer-sponsored 457 visa could be absorbed into a new “temporary-skilled” category, as stated by the suggestion paper. It might continue to require candidates to satisfy labour market tests and English language, skills.

There would also be “long-lasting-independent” and “long-term-skilled” subclasses.

The “permanent-independent” subclass could be for “exceptionally proficient people to independently apply for permanent residence to work in Australia”. It’d replace existing ability visas that are distinguished.

Applicants in the long-lasting-proficient classification would have to demonstrate they have been filling a genuine vacancy in the local labour market. This class would subsume the existing 187 visas and 186.

“Competition for migrants amongst increase countries such as China and India, also as our conventional adversaries, will require that our skilled programs are not any longer designed to passively receive migrants, but are built to aggressively target ‘talented’ migrants in an extremely competitive environment,” the newspaper says.

Australian Mines and Metals Association manager Scott Barklamb said Australia would profit from “mobile, highly skilled professionals who briefly live and work where their specialised skills are most in demand”. “Australians working in the resource sector often have opportunities to work and live briefly all over the world as well as the Australian industry must similarly benefit from global engagement.”

The “genuine-temporary-entrant” test that was applied to student visas would be used for the short-term freedom subclass to prevent rorting.

The short-term mobility subclass would include a visa valid for three months or a year. Candidates for the visa that was shorter could be bought in in the invitation of an Australian company.

For the visa to be valid for up to 12 months, nominees would require a “statement of guarantee or undertaking in the Australian organisation detailing salary and any employment conditions reflective of the Australian standard for the duration of the stay should be supplied”.

There is also an overview of the ethics of the major investor visa program, the 457 visa system and an inquiry to the Business Innovation and Investment Program.

The government said it will be early to comment through the consultation period. A spokesman said the proposition paper was drafted by the department, not the government.

“The chief suggestion would be to free up temporary migration by developing a new group of visa subclasses for individuals coming in for less than a year,” Dr Birrell said.

“The consequence is that this wouldn’t comprise the rules and regulations now regulating the 457 visa, including some labour market testing.”