Practice Categories: Group 1

Australia offers a wide variety of Temporary visas to suit your needs. Among the most  popular or common temporary visas are the following:

1. Visitor visas – These are a common type of visa for individuals wishing to come to Australia for short visits for tourism or to visit family and friends.
2. Student & Graduate visas – Mainly for students wishing to study in one of Australia’s world class universities or well-reputed colleges or even schools. Graduate visas are for students who have completed their studies and wish to remain in Australia temporarily to obtain work experience or complete professional requirements. Graduate visas are a pathway to permanent migration if all the required conditions are met.
3. Working-Holiday visas – These visas are limited to certain countries only and applicants have to fulfill certain requirements like age requirements and others.

A Permanent residency status entitles a person to remain in Australia indefinitely.

Permanent residency status is always granted throughh a visa. However, the visa itself is simply a travel authority that allows the holder of the visa to fly in and out of Australia for up to 5 years while maintaining your permanent status. If you are in Australia when your visa expires, you are still a permanent resident andyou would never need another visa, if you decided to stay in Australia (without any travelling).

However, if you are overseas when your visa expires, or you leave Australia after the travel facility on your visa has expired, then your permanent residency status will cease. In this case, if you want to continue to travel overseas after your visa expires, then you need to apply for a Resident Return Visa or obtain Australian Citizenship and an Australian passport.

To obtain Australian citizenship, you must be the holder of a Permanent Resident visa in the last 12 months before lodging an application for Australian Citizenship and you must have been in Australia for a minimum of four years in total on a substantive visa, in order to meet the residency requirements for Australian Citizenship.

Contact us to find out more.

Within Australia’s Immigration program for refugees, applicants who want protection can apply for a number of visas depending on their circumstances. For some visas, applicants must be staying legally in Australia while refugee applicants who entered Australia without a valid visa can apply for visa subclass Temporary Protection Visas (subclass 785) and Safe Haven Enterprise Visas (subclass 790).

No matter what type of humanitarian and refugee visa you are applying for, you have to know how to apply for a protection visa and what you need to do before you submit your application.

​To be eligible for the refugee visas you must:

• be outside Australia (offshore)
• be subject to persecution in your home country
• meet the ‘compelling reasons’ criterion
• meet health, character and national security requirements

You can apply for 1 of 4 refugee visa subclasses while being outside Australia:

• Refugee (subclass 200) for people who the United Nations High Commissioner for Refugees (UNHCR) has referred to Australia for resettlement
• In-country Special Humanitarian (subclass 201) for people who are still living in their country and have been unable to leave
• Emergency Rescue (subclass 203) for people who the UNHCR has referred to Australia as they are in immediate danger
• Woman at Risk (subclass 204)  for women who do not have the protection of a partner or a relative and are in danger of victimisation

If you are in Australia, you can apply for:

• Permanent Protection Visa – subclass 866. This is a permanent protection visa that is granted to individuals who meet the requirements for refugee status and complementary protection. In order to apply for this visa, you must be a legal entrant in Australia under another valid visa. Visa holders are allowed to work, study and travel freely with this type of visa.
• Temporary Protection Visa- subclass 785. A visa 785 is valid only temporarily and applicants must have entered Australia illegally in order to qualify for this type of visa. If you are granted a temporary protection visa, you are not allowed to travel outside Australia without written permission.
• Safe Haven Protection Visa- subclass 790. SHEV visa is issued to illegal entrants in Australia only temporarily. Holders of this visa can apply for another visa in Australia if they meet certain pathway requirements.