There are several factors why people want to migrate to another country. Some are looking for job opportunities that will promote career growth or financial stability. Others want to study overseas in order to enrol in their dream schools, achieve their target courses or use a scholarship grant. Meanwhile, there are also families whose houses and possessions are wiped out by natural calamities. Some are fleeing from conflict or have intentions of reuniting and living with their loved ones.

However, moving to another country is complex. Several documents and procedures must be followed or else your application will be denied. All these requirements and processes fall under Immigration Law.

What Is Immigration Law?

This branch of the law covers all the national statutes and legal procedures related to immigration. It involves the right to enter and remain inside a country, their duration of stay and their legal responsibilities. Failure to comply with Immigration Law’s terms and conditions will result in the rejection of an individual or group’s application or deportation.

Immigration Law in Australia

Each country has their own terms when it comes to Immigration Law. According to the Legal Services Commission of South Australia, Migration Law in Australia determines an individual's right to enter and remain inside Australia. It is a Commonwealth Law (same regulations for all regions of the whole country) that determines the duration of stay and what legal rights and responsibilities non-citizens can have while in the country. All these are written in the Migration Act 1958.

The Migration Act of 1968 

It is an Act of the Parliament of Australia that involves Australia's universal visa system or entry permits. Its Section 198 covers people who do not have a valid visa (whether it has expired or was cancelled). This Act abolished the ‘dictation test’ and other discriminatory provisions promoting White Australia Policy by replacing the Immigration Restriction Act 1901.

Immigration in Australia

Several requirements must be satisfied in order to qualify for immigration in Australia. Some types of necessary visas and assessments are discussed below.

Employer Nomination Scheme (subclass 186 visa)

This is for migrants under the working class. To gain a visa in this category, you need to meet the required age, English language capability, training and health.

Three types of visa streams for the Employer Nomination Scheme:

• Temporary Residence Transition - this is for those who have worked for their employer for at least two years and have been sponsored by the employer for a permanent residence visa.
• Direct Entry - for overseas applicants who have never worked in Australia before.
• Agreement - for those who are sponsored by an employer through labour or regional migration agreement.

Australian Partner Visa

You need to have a relationship with a permanent resident of Australia to qualify for this type of visa. You will be assessed in terms of the financial responsibilities between you and your partner, the nature of your household, social aspects and commitment to each other.

Australian Parent Visa

To be eligible for this visa, you need to be the parent of a child who is an Australian citizen. This allows the applicant and their spouse to live permanently in Australia, apply for Australian citizenship and work or study in the country.

Student Visa

This is a temporary visa that lasts up to five years, depending on your chosen course. To be approved, you must be able to present a Confirmation of Enrolment (CoE) and Genuine Temporary Entrant (GTE). You must also have the following requirements: financial, English language proficiency, health, character and health insurance.

Tourist or Visitor Visa (subclass 600 visa)

This is for people who want to visit Australia for personal leisure or business. To be qualified for a visitor visa, you must be able to show that you are going to visit for genuine reasons, have health insurance and have no criminal cases or outstanding debts to the Australian government.

Working Holiday Visa

This visa allows you to stay in Australia for 12 months. It is commonly used by people who want to live or work in Australia for an extended duration. For this type, you need to be aged between 18 and 31, have a genuine passport, have the financial means to support yourself during your stay, and have not entered Australia on a Work and Holiday (temporary) visa before.

Visa Processing Time in Australia

Here are some of the visa processing times for 2021-2022:

Please note the student visas and visitor visas are currently not being processed.

• Student visa for the higher education sector - 44 days to 6 months
• Student visa for postgraduate research sector) - 3 months to 6 months
• Global talent visa - 82 days to 4 months
• Skilled employer-sponsored regional visa (provisional) - 4 months to 8 months
• Skilled independent visa - 17 months to 30 months
• Visitor visa (family-sponsored) - 7 months to 12 months
• Visitor visa for tourists - 8 months to 20 months
• Partner visa (permanent) - 10 months to 17 months

How Immigration Lawyers Can Help You

Immigration lawyers in Sydney, Australia handle all the legal processes involved in an individual or a group of people’s migration to Australia. They educate clients about the immigration law and help them know their rights and responsibilities as immigrants. They also take care of citizenship and business immigration problems and are capable of representing their clients in court. By hiring them, you will be able to save time, money and effort.

Key Takeaways

Nowadays, many people are migrating to different countries. It can be due to job opportunities, educational growth, security or reuniting with their loved ones. However, migrating is no easy task. You must abide by a country’s immigration law; otherwise, your application will not be approved, or you can be deported. If you want to make things less stressful, it is recommended to hire an immigration lawyer who will help you understand the law and will guide you throughout the process.

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