Ruqayyah Snyder
Australia is a popular destination for people looking to migrate and gain permanent residency. Permanent residency in Australia is granted to those who hold a permanent visa but are not citizens. This allows them to live, work and study in the country indefinitely, with most of the rights and privileges of citizens. To apply, there are a number of requirements to meet, including having lived in Australia for four years, with the most recent 12 months as a permanent resident. Applicants must not have been absent from Australia for more than 90 days in the year prior to applying. There are different types of permanent visas, each with its own eligibility criteria, such as the Skilled Regional visa, Skilled Independent visa, and State-Nominated visa.
| Characteristics | Values |
|---|---|
| Visa type | Skilled Regional (subclass 887), Skilled Nominated (subclass 190), Skilled Independent (subclass 189), State Nominated (subclass 190), Special Category (SCV) |
| Visa requirements | Criteria varies, may include skill assessment, job offer, or meeting a points threshold |
| Visa costs | Depends on the type of visa and the number of applicants |
| Age limit | Generally, an upper age limit of 44 years for skilled visas, but exceptions exist for high-income earners and certain professions |
| Previous residency requirements | Must have been living in Australia for four years, including the most recent 12 months consecutively |
| Travel restrictions | Five-year travel facility attached to permanent residency, allowing multiple entries |
| Rights and privileges | Live, work, and study without restrictions; access to health services and some voting rights |
| Citizenship eligibility | After four years of permanent residency, can apply for citizenship; must pass a citizenship test (unless over 60 years old) |
| Sponsoring family | Permanent residents can sponsor their family to live in Australia, who may become eligible for permanent residency over time |
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What You'll Learn
Visa options and requirements
The Australian visa system is divided into temporary and permanent visas. Temporary visas only allow you to stay in Australia for a fixed amount of time, whereas permanent residence visas are a pathway to citizenship. When granted, a permanent residency visa allows you to live, work and study in the country indefinitely, and leave and re-enter as many times as you like for five years. After living in Australia for four years, you may be able to apply for Australian citizenship.
There are several pathways to permanent residency in Australia, each with its own unique requirements and processes. Here are some of the common visa options:
- Skilled Migration Visas: These visas are for skilled workers who want to live and work in Australia permanently. The General Skilled Migration Visa includes the Skilled Independent (subclass 189) and State Nominated (subclass 190) visas. The Skilled Nominated visa (subclass 190) is for points-tested skilled workers with occupations in high demand in Australia's labour market. Each state and territory has its own list of eligible occupations, requirements, and processes. Many skilled visas have an upper age limit of 44, with some exceptions for high-income earners and certain professions.
- Family Sponsorship: Australian citizens and permanent residents may be able to sponsor their family members to live in Australia. Family members may arrive as temporary residents and later become eligible for permanent residency by meeting certain criteria.
- Humanitarian Grounds: Permanent residency applications can be made on humanitarian grounds.
- New Zealand Citizens: New Zealand citizens are typically granted a Special Category Visa (SCV) upon arrival in Australia, which is a temporary visa. However, if they were present in Australia on February 26, 2001, as SCV holders, they may be eligible for Australian citizenship.
- 489 Visa: This visa is a pathway to permanent residency, allowing applicants to apply for the permanent Skilled Regional (Residence) visa (subclass 887) if they meet other criteria.
It is important to note that the requirements and processes for each visa type can vary, and some visas may require a provisional or temporary visa before applying for permanent residency. Additionally, factors such as age, income, and profession may influence your eligibility.
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Application process
The process of applying for permanent Australian residency will depend on the visa that you are applying for. For example, some visa types require that you start with a provisional or temporary visa before you may apply for the permanent visa. Some visas cannot be applied for directly, and you will need to submit an Expression of Interest (EOI) and be invited to apply. You may also need to complete a Skill Assessment through a designated skill assessment body, have a job offer, or meet a certain number of points before you’re eligible to apply.
The 489 visa is a pathway to permanent residency by allowing you to apply for the permanent Skilled Regional (Residence) visa (subclass 887) subject to meeting other criteria for the visa. The Skilled Nominated visa (subclass 190) is a permanent residency skilled migration visa for people with an occupation in high demand in Australia’s labour market. Each state and territory has its own list of occupations, requirements, and processes you must follow.
In general, for all types of permanent residence visas for Australia, you will need to meet certain requirements. You can make an application on humanitarian grounds, as a migrant, or as part of a family unit. You will also need to have been living in Australia for four years, with the most recent 12 months as a permanent resident. You cannot have been absent from Australia for more than 12 months during the past 4 years, and you cannot have been absent from Australia for more than 90 days in the most recent 12 months before applying.
Most permanent skilled visas have an upper age limit of 44, so you must apply before your 45th birthday. However, there are some exceptions to this rule for high-income earners and certain professions. The cost of a permanent visa depends on the type of visa you are applying for, and if there are different streams within the visa category, the fees will vary depending on the type of visa and the number of people included in the application.
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Residency duration requirements
To apply for permanent Australian residency, you must meet specific residency duration requirements. These requirements vary depending on your visa type and circumstances. Here is an overview of the key residency duration requirements:
- Permanent Residency Criteria: To be eligible for permanent residency, you must have lived in Australia for a certain period. The specific duration varies, but it is typically around four years. This includes the time spent as a temporary resident or on a provisional visa, depending on your visa pathway.
- Continuous Residency: Maintaining continuous residency in Australia is essential. This means you cannot have been absent from the country for extended periods during your stay. The exact duration of allowable absences can vary but typically ranges from 90 days to 12 months in the year preceding your application.
- Recent Residency: Some visa types may require you to have spent a specified portion of the preceding year as a resident. For example, you may need to demonstrate that you have been a resident for the most recent 12 months before applying for permanent residency.
- Age-Related Requirements: Your age may impact your eligibility for specific visa types. For instance, most permanent skilled visas have an upper age limit of 44, requiring you to apply before your 45th birthday. However, exceptions may apply for high-income earners or certain professions.
- Pathway from Temporary to Permanent: Many visa types require a provisional or temporary visa before becoming eligible for a permanent visa. This step may involve applying for a skilled visa, a regional visa, or a visa based on family or humanitarian grounds.
- State and Territory Requirements: Each Australian state and territory maintains its list of occupations in demand, requirements, and processes for permanent residency. Ensure you review the specific criteria for your desired state or territory, as they may differ.
It is important to note that the requirements mentioned above are subject to change and may not cover all possible scenarios. For the most up-to-date and accurate information, refer to official government sources, such as the Department of Home Affairs website, or seek advice from registered migration agents or consultants specializing in Australian immigration.
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Nomination and sponsorship
Nomination:
Each Australian state and territory can nominate applicants for permanent residency through the Skilled Nominated visa (subclass 190). This visa is for points-tested skilled workers in occupations that are in high demand in the Australian labour market. Each state and territory has its own specific list of eligible occupations, requirements, and processes for nomination. It's important to review the relevant state or territory's guidelines to understand the nomination criteria and procedures.
Sponsorship:
Sponsorship is a pathway for family members of Australian citizens or permanent residents. If you have a family member who is an Australian citizen, permanent resident, or eligible New Zealand citizen, they may be able to sponsor you to live in Australia. This sponsorship can facilitate your journey towards obtaining permanent residency.
It's important to note that the eligibility criteria for sponsorship may vary depending on the specific circumstances and relationships involved. Additionally, the process for applying for sponsorship can differ based on the specific visa category and stream that you intend to apply for.
General Requirements for Permanent Residency:
To obtain permanent residency in Australia, you must meet certain requirements, including maintaining a close association with the country and residing in Australia for a specified period. The specific duration requirements may vary depending on the type of visa and your circumstances.
In most cases, you must be under 45 years old to apply for a permanent skilled visa, although there are exceptions for high-income earners and certain professions. Additionally, you may need to complete a skill assessment, have a job offer, or meet a certain number of points to be eligible.
The cost of obtaining permanent residency depends on the specific visa category and the number of people included in the application. It is recommended to consult with migration experts or immigration consultants to ensure your application has the best chance of success.
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Entitlements and privileges
As an Australian permanent resident, you are not an Australian citizen but hold a permanent visa that allows you to remain in Australia indefinitely. You can live, work, and study in Australia without restrictions or with far fewer restrictions than temporary visa holders.
Permanent residents enjoy many of the rights and privileges of citizens, including access to free or subsidised legal, education, and health services. They can apply for Australia's national health scheme, Medicare, and may be eligible for other government services and benefits. Permanent residents can also work in New Zealand and travel to and from Australia based on what their travel facility permits. They can also travel to New Zealand without applying for a New Zealand visa.
However, permanent residents do not have the right to vote in federal or state/territory elections unless they were registered to vote prior to 1984. They may, however, vote in some local government elections. Permanent residents are also not entitled to an Australian passport.
After obtaining permanent residency, you can later apply for Australian citizenship based on your eligibility. There is usually a waiting period before you can apply for citizenship, and you may need to sit a citizenship test.
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Frequently asked questions
To be eligible for Australian permanent residency, you must have lived in Australia for four years, with the most recent 12 months as a permanent resident. You must not have been absent from Australia for more than 12 months in the past four years, and not more than 90 days in the most recent 12 months before applying.
There are several pathways to Australian permanent residency. You can apply for permanent residency on humanitarian grounds, as a migrant worker, or as part of a family unit. You can also apply for a permanent visa, which is your pathway to citizenship.
There are several types of permanent residency visas, including the Skilled Regional (Residence) visa (subclass 887), the Skilled Independent (subclass 189) visa, and the State Nominated (subclass 190) visa. Each visa has its own requirements and application process.
